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COPTMOBT, 1897, 

bt the macmillan company. 

MAR 28 1901 

NorioooD i^ress 

J 8 Cu.h,ng & ca - Berwick ft Smith 

Norwood Mm« U.8.A. 


The following study of the history of South Carolina 
has been made amidst the engagements of a busy profes- 
sional life, in hours snatched from that je^Jous mistress — 
the law. It has been a labor of love, and has been under- 
taken and carried on with the single purpose of learning 
and telling the story of the State of which the author is 
proud to be a son and a citizen. In the course of his 
study, he has found, as he conceives, occasional errors in 
the works of those who have preceded him ; and these 
he has pointed out. He cannot hope himself to have 
escaped like mistakes — though he has striven to do so. 
It will be the duty of those who come after to correct 
where he has gone astray. He only asks that this shall 
be done in the spirit of fairness he has endeavored to 
observe. To his readers in general he would recall the 
lines of the poet : — 

Whoever thinks a faultless piece to see, 
Thinks what ne'er was, nor is, nor e'er shall be. 

In ev'ry work regard the writer's end, 
Since none can compass more than they intend ; 

And if the means be just, the conduct true, 
Applause, in spite of trivial faults, is due. 

Pope's Essay on Criticism^ 260-260. 








The domain of the United States of America was 
chiefly settled by the English under Royal grants, from 
three principal points, neariy equidistant from each other: 
Jamestown in Virginia, in 1607, Plymouth in Massachu- 
setts, 1620, and Charies Town in Carolina, in 1670. From 
these points have emanated the differing political thoughts 
of the country, which have, in the main in parallel lines, 
accompanied the tide of emigration westward.^ 

Physical causes marked great differences in the devel- 
opment of these settlements, and esi)ecially in that of 
Carolina from the other two. To these physical causes 

^ The extent of emigration from South Carolina is not generally realized. 
It is not generaUy known that she was one of the great emigrant States. 
** Yet from 1820 to 1860," says General Francis A. Walker, in his Intro- 
duction to the United States census of 1880, ** South Carolina was a bee- 
hiye from which swarms were continually going forth to populate the 
newer cotton-growing states of the Southwest." The whole population 
of the State in 1860 amounted to 470,257. There were then living in 
other States 193,389 white persons born in South Carolina. That is, two- 
fifths of the whole native-born i)opulation had emigrated and were then 
living in other States, and these almost entirely in Georgia, Alabama, 
Mississippi, Tx)ui8iana, Florida, and Texas. In 1870 out of 678,706 
native-born South Carolinians more than one-third, about 246,066, were 
living in otlier States. 

B 1 


others were added which tended to form the society of 
Carolina upon a basis differing from that of the other 
colonies; and to produce a people to a considerable degree 
peculiar in their characteristics. 

The colony of Virginia was little further from that of 
Massachusetts than from that of Carolina; but the terri- 
tory between Virginia and Massachusetts, already to some 
extent peopled by the Dutch, was soon filled up by the 
settlements of the provinces of Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, and 
Maryland, forming a chain of colonies linked together by 
neighboring influences and conveniences, and thus beget- 
ting something of a common American colonial sentiment. 
There was nothing in the situation of the colony of Caro- 
lina to produce a similar effect. The colonists at Charles 
Town, more than three hundred miles south of the James 
River, were practically much further than that distance 
from Virginia, the nearest established colony. Hatteras 
projecting into the ocean rendered communication between 
the first settlers in Carolina and the other colonies, in 
their small vessels, more dangerous almost than that with 
England. The only travel by land between Carolina and 
Virginia was by Indian trail. There were no roads nor 
means of transportation. Lederer, the learned German 
explorer, whom Governor Berkeley sent out from Virginia 
in 1669 to explore tlie country, after travelling for 
months with Indian guides certainly did not reach 
beyond the Santee — if, indeed, he entered at all the 
territory of the present State of South Carolina.^ A 
postoffice was established in Charles Town as early as 
1698, but this was for European and West Indian cor- 
respondence. Peter Timothy, postmaster, gives notice 
in the Gazette^ August 19, 1756, nearly sixty years after, 

' History of No. Ca. (Hawks), 62. 


that the first mail from Wilmington (North Carolina) is 
hourly expected to arrive here, and will set out on his 
return two days after his arrival. This was to be con- 
tinued every fortnight, and those who wished to have 
their letters forwarded by this conveyance were requested 
to send them in time. The letter of intelligence of the 
battle of Lexington, which was transmitted from com- 
mittee to committee, dated 24th of April, 1775, and 
starting from Wallingsford, Connecticut, one hundred 
miles from New York, reached Charleston in seventeen 
days. It was sixteen coming from New York, fifteen 
from Princeton, ten from Fredericksburg, Virginia, and 
three days from Wilmington, North Carolina.^ This was 
by express, and was considered remarkable for its dis- 
patch; and so it was, for the express which brought the 
news of the Declaration of Independence from Philadel- 
phia did not reach Charleston until the 2d of August, 
twenty-nine days after it had been adopted in Congress. 
It reached Paris but a few days later than it reached 
Charleston, i.e. some time in the first lialf of the month 
of August. The South Carolina and American General 
Gazette^ of the 11th of September, 1776, complains that 
though not long since an express had come in sixteen 
days from Philadelphia, the Northern Post generally took 
about double that time. Ships frequently arrived from 
England, bringing European news within the month. 
Thus separated from tlie other colonies by distance, and 
still more so by the character of the intervening country, 
South Carolina was left to struggle by herself for 

The colony was for a long time, indeed until 1733, the 
distant outpost between tlie other English colonies and the 
Spaniards at St. Augustine, and the French on the Mis- 

1 Drayton's Memoirs^ vol. I, 248. 


sissippi. It was planted to assert the dominion of Great 
Britain against that of Spain in disputed territory. At 
each end of the long attenuated line of the British settle- 
ments on the American coast there was a hostile post. 
At the North the French in Canada were jealously 
watching the growth of the English colonial system, 
while at the South the Spaniards in Florida, regarding 
the planting of the colony in Carolina as an invasion of 
their own territory, were on the alert to attack it upon 
every favorable opportunity, regardless whether peace or 
war formally subsisted at the time between Spain and 
England. The French were a menace to New England, 
but the colonists there could be reached only by an over- 
land invasion, which, by the climate, was practically 
restricted to one season of the year, and which, from the 
difficulty of transportation, was much less serious. The 
Spaniards at St. Augustine, on the other hand, were the 
constant active and malignant enemies of the Carolinians, 
who were at such a distance from the other British 
colonies as to be })eyond the reach of their support. 
Then, too, Charles Town was a little further from St. 
Augustine than a third of the distance from Jamestown, in 
Virginia, the nearest settlement, with the exception of the 
feeble colony at Albemarle, from which no support could 
be extended. The Carolinians were open to attack by 
sea, and to this danger they were open at all seasons of 
the year. 

This separation of South Carolina from the other colo- 
nies on the Continent was recognized and acted upon in 
the treatment of the colony by the Government in Eng- 
land. It was regarded as more nearly allied to the island 
colonies tlian to those on the main. Thus when Edward 
Randolph, the collector of the King's customs, proposed 
in 1694 a rearrangement and consolidation of the Colonial 


Governments for the better control and collection of the 
King's revenue, he recommended that the Proprietary 
Governments should be set aside, and that South Carolina 
and all the Bahama Islands should be put under one 
government, under her Majesty's immediate authority; 
that North Carolina should be annexed to Virginia, 
Delaware to Maryland, West Jersey to Pennsylvania, 
East Jersey and Connecticut to New York, and Rhode 
Island to Massachusetts, thus reducing the number of the 
colonies to but six.^ 

This treatment at home, and constant exposure to 
attack from St. Augustine by sea and from Indians on 
land, instigated alike by the Spaniards in Florida and the 
French from Mobile, had great influence upon the devel- 
opment of the Carolina colony, alike upon the organiza- 
tion of its government and its social structure. 

In the first place it forced the Carolinians to depend 
upon themselves for their defence, and to that extent 
produced a sentiment of independence in regard to tlie 
other colonies. 

In the next it began the centripetal character of the 
development of the colony, which as a province and State 
South Carolina so long retained, and which indeed she 
has not even yet entirely lost. The colonial development 
of Virginia was by rural communities. There was no 
city or town life. " The only place in Virginia previous 
to 1700 to which the name of a town could with any 
degree of appropriateness be applied was Jamestown, and 
even this settlement never rose to a dignity superior to 
that of a village."^ Williamsburg was never more than 
a college town and seat of government. In New Eng- 
land the colonists separated very early into different com- 

1 Colonial Records of No. Ca., vol. I, 441, 442. 

2 Bruce's Eamomic History of Virginia^ vol. II, 525. 


munities. In Connecticut, says Professor Johnston, town 
and church were but two sides of tlie same thing, and as 
there would be differences of opinion in church as well as 
in town matters, every religious dispute gave rise to a 
new town until the faintest lines of theological divergence 
were satisfied.^ Each of these new towns with its own 
peculiar schism became a new centre, from and around 
which population spread. But in South Carolina the 
constant and immediate danger of invasion by Spaniards 
and Indians, as exemplified in the utter destruction of the 
attempted settlement by Lord Cardross at Port Royal in 
1686, restricted the colonists for many years to distances 
within reach of the fortifications of Charles Town, and 
formed within and around it a compact body of society, 
with outlying plantations, from wliich in case of alarm 
the colonists withdrew to the town, as in case of the 
rising of the Yamassees in 1715. When this danger was 
overcome by the increase of population, and the founding 
and building up of the colony of Georgia, the unhealth- 
fulness of the country along the rivers, increased, if not 
caused, by the disturbance of the soil and the stag- 
nant water of rice planting in the inland swamps, com- 
pelled the planters to reside in the summer in the town 
or in some high resinous pine-land settlement away from 
malaria.2 Thus, until the immigration of the Scotch- 
Irish and Virginians into the upper country by the way 
of the mountains, from 1750 to 1760, the development of 

^ Connecticut^ Am. Com., Series 6. 

2 A recent writer, of whom we shall have occasion presently to speak, 
has fallen into the curious error of stating that it was the winter months 
during which the wealthy planters, owing to the unhealthfulness of the 
surrounding country, were in the habit of resorting to Charlestown, 
missing at once the fact and tlie cause, (iovernvip.nt of the Colony of 
South Carolina (Whitney). Johns Hopkins University Studies, 13 series, 


the colony was not, as in New England, from many and 
distinct settlements or towns, but from one point, the 
circle enlarging as the population increased, but always 
with reference to the one central point, — the town, — 
Charles Town. 

The development of Carolina thus presented the anom- 
aly that, though it was a planters' colony, it was devel- 
oped by way of city or town life. Boston was the largest 
town in Massachusetts, but there was organization and 
administration outside of it. For many years Charles 
Town practically embodied all of Carolina. Beaufort, 
the next town to be settled, was not attempted for more 
than forty years after the planting of the colony, and 
Georgetown not until some years later. Until 1716 elec- 
tions were generally held in the town for all the province, 
and representation outside of it — that by parishes — was 
not practically established until the overthrow of the Pro- 
prietary Government in 1719. No court of general juris- 
diction was held outside of it until 1773, over a hundred 
years after the establishment of the colony. There was 
only one government for the province, the town, and the 
church. The same General Assembly passed laws for 
the province, laid out streets, regulated the police for the 
town, and governed the church. Even after the colony 
had grown, and the upper country had been peopled from 
another source, every magistrate in the province was ap- 
pointed in Charles Town until the Revolution of 1776, 
and after that, upon the adoption of the Constitution of 
1790 and the change of the seat of government to Colum- 
bia, at that place. There was thus from the inception of 
the colony in 1665 to the overthrow of the State in 1865, 
for two hundred years, only one government in South 
Carolina. There was no such thing as a county or town- 
ship government of any kind. 


From the isolation of the colony during the period of 
its formation, and for long after, it remained a dependency 
of England, as well in interest as in fact, rather than de- 
pendent upon the support and sympathy of its distant 
sister colonies ; and with the love of the old country, with 
which communication was constant and close, everything 
tended to limit whatever patriotism there might be to the 
gradually extending area of the province, while the con- 
stant recurrence in thought and act to the central point, 
the town, developed and intensified the Carolina conception 
of the entity of the^SttU^ and of its absolute sovereignty. 

There were other potent causes tending to differentiate 
the colonists of Carolina from those of the other provinces. 
All the other colonies, except New York, were peopled 
by emigrants in the main directly from the British Isl- 
ands ; but beside the large Huguenot element in her popu- 
lation, Carolina was settled in a great measure from 
Barbadoes and the other British West Indies. Naviga- 
tion to the southern parts of America was at first en- 
tirely by the way of the West Indies, and though Ribault 
in 1562 had ventured directly across the Atlantic, the 
course of communication between Carolina and England 
continued for many years to be principally by way of 
Barbadoes. The first colony sent by the Proprietors sailed 
for Barbadoes, consigned to agents there, from which it 
was dispatched to Carolina by way of Bermuda. While 
in the formation of the other colonies the whole structure 
of society was of necessity built up from the very founda- 
tion in accordance with the peculiar environment of each, 
the social and political system of Carolina was to a con- 
siderable extent transferred from that island in a state of 
advanced development. The settlers from Barbadoes 
under Yeamans brought with them a colonial system 
which, though comparatively new and not fuU}*^ developed, 


was little later than that of Virginia and nearly contem- 
poraneous with that of Massachusetts ; and the basis of 
this social system was the institution of African slavery. 
The attempt to engraft upon this social order a legally 
recognized aristocracy of Landgraves and Caciques, pro- 
posed by Locke and adopted by the Proprietors under the 
influence of Shaftesbury, and the struggle caused by its 
attempted enforcement, helped much in the formation of 
the peculiar characteristics which were to mark the politi- 
cal and social organization of South Carolina, giving to 
it on the one hand a strongly aristocratic tone with a 
party for sustaining prerogative, while on the other it 
developed in the very outset a party of the people who 
based their rights upon the dogma of a strict construction 
of chartered or constitutional provisions. 

Then again, the establishment of the colony in prox- 
imity to the Spaniards, and the hostility of the Indians 
under French and Spanish influence, necessitated from 
the very beginning a military organization of the people ; 
and this was also rendered the more necessary by the 
increasing number of negro slaves, — savages, — which 
became a source of weakness in times of danger, and, 
until the institution in the course of years became 
thoroughly settled, a constant source of care and anxiety. 
The colonists, as we shall see, were desirous of checking 
the importation of negroes, not from any moral objections 
to slave holding, but from their apprehension of the 
danger of being outnumbered by the negroes, and of 
their rising in case the whites should be assailed by the 
Indians, or through the instigation of the Spaniards or 
French, as did happen in 1740. This danger gave rise 
to a military police organization of the whole people, 
which continued from 1704 until the emancipation of the 
negroes as the result of the war of secession. 


Under this system the province, and afterwards the 
State, was divided into military districts, the chief of 
each of which was a colonel, and these again into other 
districts, or beats, under captains. The captain was the 
police officer of his district, or beat, and was charged 
with the patrol and police of his beat and the enforce- 
ment of the regulations in regard to the slaves. The 
regimental and company military precincts were thus 
coincident with the police districts, and the two formed 
one system. The captain of a beat or militia company 
thus charged with the maintenance of order in his district 
was a man in authority for the time, and as the duties 
were onerous the office was not usually held longer than 
the term which exempted one from further service. So 
each young man of position in a neighborhood took his 
turn of duty, and thus acquiring the title of captain re- 
tained it unless he became colonel. There were usually, 
therefore, a considerable number of men in each commun- 
ity having the title of " captain " or " colonel," and the 
designation implying a person of some local consequence 
was sought, and sometimes assumed without actual ser- 
vice. This system gave a military organization to the 
people, which was much more effective and exacting than 
ordinary militia enrolment and muster. So imbued was 
the system of government brought from Barbadoes with 
a military spirit that the high sheriff of the province re- 
tained the military title of " provost-marshal " for a hun- 
dred years — indeed, until the American Revolution. To 
this source may be traced the prevalence of military titles 
in the South, as that of "judge" or "squire" in other 
communities, indicating persons of local consequence. 

Another principle to which the people of South Caro- 
lina have been as devoted, and have clung with equal 
consistency as to that of the autonomy of the State, is 


that of the inviolability of the family relation. Nowhere 
has the family bond — the foundation and germ of all 
society and government — been more sacredly guarded 
and effectually preserved. It has been a part of the 
Constitution of the State — unwritten, it is true, until 
1895 — but nevertheless fully recognized and enforced — 
that divorce should never be allowed. There never has 
been a divorce in South Carolina — province, colony, or 
State — except during the Reconstruction period after 
the war between the States, under the government of 
strangers, adventurers, and negroes, upheld by Federal 
bayonets. There is but one case of divorce reported in 
her law books, and that was during that infamous rule. 
The legislature of the State has persistently refused 
either itself to grant divorces or to authorize its courts 
to do so. In conferring powera and jurisdiction upon its 
courts those of the ecclesiastical tribunals were purposely 
excluded. " Whether wisely or unwisely," said Chan- 
cellor Dunkin in a case in which an effort was made to 
have the court declare marriage void, "the legislature 
has thought proper to withhold these powers. They 
have delegated to no court the authority to declare a 
marriage void, and they have never themselves exercised 
the authority."^ The Constitution adopted in the last 

1 See the cases of MattUon v. Mattison, 1 Strohart Equity Beports, 
S. C , and Bmcers v. Bowers^ 10 Bichardson's Equity Beports, S. C. The 
latter a case decided by the Court of Errors consisting of all the law 
judges and chancellors on equity of the State. 

It is sometimes suggested that this prohibition of divorce has been 
more a matter of form than of substance, as persons desiring divorce had 
only to go into another State, obtain a decree, and return. This has 
undoubtedly been attempted, but is countenanced neither by the courts 
nor by society. In a case Duke v. Fulmer, 5 Bichardson''8 Equity Beports, 
121, involving a question of property, it was attempted to set up such a 
decree obtained in another State ; but the courts of the State would not 
permit it, but held that a marriage contract once entered into in South 


year (1895) has now made the prohibition of divorce a 
part of the written organic law of the State. With this 
inexorable rule in regard to the irrevocability of marriage 
once entered into the family group has been at once the 
source of social and political strength. The people of 
South Carolina have recognized and acted upon the great 
political truth that in a republican form of government 
above all others is the family the strength of the State. 
She has held out to her sons that in establishing their 
own position upon a political or social eminence they 
Avere establishing it for their sons as well. She has been 
ready to recognize and has hailed with satisfaction and 
reward the evidence of the worthiness of the sons to 
succeed the fathers whom she had honored with public 
trusts. And so it has been that generation after genera- 
tion finds the same names in her public records. It is no 
uncommon thing to find the sons to the third and fourth 
generation sitting together in the councils of the State. 
This political and social policy has given to the State 
many long lines of illustrious men. 

Most of the elder States, says a recent English writer, 
preserve throughout American history an individuality 
quite as distinct and persistent as that of the leading 
Greek cities or great Roman families. But above all the 
dauntless and defiant spirit, the fiery temper, the ventur- 
ous chivalry of South Carolina, continually remind the 
student of American history of her mixed origin, — the 
early interfusion of the blood of the English Cavalier with 
that of the Huguenots, who transmitted to their offspring 

Carolina is indissoluble, either by consent of the parties or by the judg- 
ment or statute of any foreign tribunal or legislation. A divorced person 
in the State of South Carolina is as rare as the Northern gentleman who 
had been abroad, who, Mr. McMaster tells us, was pointed out as a curios- 
ity as late as 1795. Hist, of the United States, vol. T, 51. 


the traditional gallantry and martial spirit of their Gascon 
ancestry. Nothing in her situation, geographical, political, 
or industrial, required her to take the foremost place in 
sectional conflict. But in almost every collision the Pal- 
metto State comes to the front as the promptest, fiercest, 
most determined champion of State sovereignty, slavery, 
and Southern interests.^ Another writer observes that a 
Virginian of to-day is first a Virginian ; a South Caro- 
linian is above all things a South Carolinian, but next they 
are both Southerners, and lastly Americans. Whether 
these criticisms are altogether true or not, the people of 
South Carolina, admired or condemned, have been recog- 
nized as a people of marked and distinctive characteristics. 
They have held and maintained determined policies 
throughout their history, and have impressed them upon 
other parts of the country. For this the calamities which 
befell in the war which they chall^ijged have been by 
some regarded as a just retribution. Bitt whether praised 
or blamed the fact is certain that they have been recog- 
nized as in many respects peculiar in their character.^ 

This, too, is more remarkable when, as every one famil- 
iar with the local history of the State well knows, there 
have been always marked and well-defined differences be- 
tween themselves in almost every respect in which they 
appear to strangers as one people. It is all the more re- 
markable, too, since these differences have been, so to 
speak, organic, having had their origin in the very settle- 
ment of the State, and have not been evolved from differ- 
ing circumstances among those who were once the same 

To some of the first causes of these marked characteris- 

1 Hist, of the United States (Percy Greg), vol. I, 439. 
> Preface to Cyclopedia of Eminent Representative Men of the Caro- 
linas of the Nineteenth Century, by Edward McCrady . 


tics we have already referred. These and others scarcely 
less potent will more fully appear as we proceed- We 
shall attempt in the following work to trace the history 
and the development of the State of South Carolina so- 
cially and politically from the inception of the colony to 
the end of the American Revolution. 

A great inducement to this undertaking is the fact 
that there exists to-day no history of the State which 
can be bought upon the market. Her history can now 
be studied only in rare works to be purchased only oc- 
casionally at high rates in old book stalls. 

So much, too, has recently been brought to light from 
sources inaccessible to former liistorians that it has be- 
come necessary to reconsider and recast much that has 
hitherto been received as authentic. This we have, per- 
haps rashly, attempted to do. 

A brief review of works in regard to South Carolina, 
now out of print, will show, we think, the occasion for 
some substitute for them, and will, we trust, justify the 
attempt we have made to supply this want. 

The first publication in regard to Carolina was one in 
the nature of an advertisement made by the Proprietors 
to induce emigration to the plantation or settlement *at 
Cape Fear, begun on the 29th of May, 1664. It is en- 
titled " A Brief Description of the Province of Carolina 
on the Coasts of Florida." It was printed in London in 
1666.^ In 1682 there were two other such publications ; 
one was by Samuel Wilson, secretary to the Proprietors, 
which was likewise an advertisement of the advantages of 
the settlement of Charles Town at Oyster Point. It is 
entitled " An Account of the Province of Carolina in 
America, together with an Abstract of the Patent, and 
several other Necessary and Useful Particulars to such as 

1 Carroirs Collections, vol. II, 9. 


have Thoughts of Transporting Themselves thither. 
Published for their information.*' . . . The other publi- 
cation of the year 1682 was made by one who wrote under 

the designation of " T A , Gen't clerk on board her 

Majesty's ship the Richmond, which was sent out in the 
year 1680, with particular instruction to inquire into the 
state of the country by her Majesty's special command, 
and returned this present year, 1682." The work is en- 
titled " Carolina or a Description of the Present State of 
that Country and the Natural Excellence thereof," etc. 
This publication, by Thomas Ashe, is more reliable than 
that of Samuel Wilson's, inasmuch as it is in the nature 
of a disinterested report, rather than an advertisement to 
induce immigration. 

The next work is " A New Description of that Fertile 
and Pleasant Province of Carolina, with a Brief Account 
of its Discovery and Settling and the Government thereof 
to the Time, with several Remarkable Passages of Divine 
Providence during my Time. By John Archdale, late 
Governor of the Same. London. Printed in 1707." The 
description of Carolina in this work is very meagre ; and 
besides tlie briefest account of its affairs since the settle- 
ment of the colony there is little more than a narrative 
of Archdale's short administration, written apparently to 
justify his conduct, and to show that he was not respon- 
sible for the disturbed condition of affairs wliich occurred 
soon after he left the province. His style is exceedingly 
loose and confused, and the work is too egotistical to be 
of any great value save for the presence of a few original 

The next year, 1708, there appeared a work of con- 
siderable pretension published anonymously in two vol- 
umes, under the title of '' The Britisli Empire in America, 
Containing the History of the Discovery, Settlement, 


Progress and State of the Continent and Islands of Amer- 
ica." The first volume was "an account of the country, 
soil, climate, product and trade of New Foundland, New 
England, New Scotland, New York, New Jersey, Penn- 
sylvania, Maryland, Virginia, Carolina, Georgia and Hud- 
son's Bay." The second volume contained like accounts 
of the West India Islands. This work was by John Old- 
mixon, an author of numerous poems and some historical 
works. The latter are regarded as dull works, and his 
bigoted defence of Whig principles and abuse of the 
Stuarts are not calculated to inspire confidence. Macau- 
lay, Whig as he was, declares that Oldmixon unsupported 
by evidence is of no weight whatsoever. He was one of 
the victims of Pope's satire in the Dunciad. His account 
of Carolina in this work is nevertheless the first historical 
account of the province. True to his character and poli- 
tics, however, his authorities are all on one side of the 
religious disputes in the colony. These are avowedly 
Archdale and Boone, the latter of whom was the leader 
on that side in all the controversies in regard to the 
naturalization of the Huguenots and the Church Acts. 
Oldmixon's account of Carolina will be found republished 
in Carroll's collections. We shall quote from the original 
work rather than from Carroll's collections, as we shall 
have occasion to refer to the volume on the West Indies 
as well as to that in which he writes of Carolina. 

The first work designed as a history of South Carolina 
— a history of South Carolina only — was that prepared 
by the Rev. Alexander Hewatt, D.D., published in Lon- 
don in 1779 during the Revolution. It was entitled 
" An Historical Account of the Rise and Progress of the 
Colonies of South Carolina and Georgia." Dr. Hewatt, 
as is well known, was the pastor of the Scotch, now the 
First Presbyterian, Church, Charleston, from 1763 to 1776, 


when he left the province because of his opposition to the 
pending Revolution. His work was compiled, it is said, 
with the assistance of Lieutenant Governor William Bull,^ 
than whom no better informed nor safer authority could 
possibly have been found; for, though like Dr. Hewatt 
a Royalist, and at the time of the publication a refugee in 
London in consequence, Governor Bull possessed means 
of information beyond that probably of any other person 
in the province, he having himself been continuously in 
public office since 1740, the son of Lieutenant Governor 
William Bull, who had likewise been in office for many 
years, and the grandson of Stephen Bull, who had come 
out with the first settlers on the Ashley the deputy of a 
Proprietor, and had held offices in succession from the 
formation of the colony. When, therefore, Dr. Hewatt 
speaks from tradition he does so from the very best source 
of information. Access, however, to the records of the 
State paper office in London, which have since been pub- 
lished, the Shaftesbury papers, some of which were ob- 
tained mainly through the exertions of the Hon. William 
A. Courtenay, and some of which lie has presented in the 
City Year Books of his administration as Mayor of Charles- 
ton, and the manuscript public records now in Columbia, 
show that he was sometimes mistaken, and justify the 
regret he expressed in his preface "that he was sometimes 
obliged to- have recourse to very confused materials ; that 
indeed his information in the peculiar circumstances in 
which he stood was often not so good as he could have 
desired, and even from these he was excluded before he 
had finished the collection necessary to complete his plan." 
Dr. Hewatt's work covers the period of the Proprietary 
Government and that of the Royal to the repeal of the 
Stamp Act in 1766. 

» Preface to Ramsay's Hist, of So, Ca. 


George Chalmers, an antiquarian and political writer of 
considerable eminence, had visited Maryland in 1763 
with a view to settling there ; but espousing the Royalist 
cause on the breaking out of the American War of Inde- 
pendence, returned to England. Having become never- 
theless much interested in the history and establishment 
of the English colonies in America, and enjoying free 
access to the State papers and plantation records, he be- 
came possessed of much important information, and in 
1780 published the first volume of a projected work, en- 
titled " Political Annals of the Present United Colonies 
from their Settlement to the Peace of 1763." The annals 
of Carolina are brought down in this volume to the final 
rejection of the Fundamental Constitutions in 1693. The 
second volume never appeared. The work as far as it 
went is the best that was yet written, and contains much 
valuable and reliable information. This also is repub- 
lished in Carroll's collections. 

Dr. David Ramsay in 1785 — two years aft^r the end of 
the struggle — published his "History of the Revolution of 
South Carolina from a British Province to an Independent 
State, in two volumes," And this work in 1789 he followed 
with a history of the American Revolution ; and in 1809 
he published "The History of South Carolina from its 
First Settlement in 1670 to the year 1808." This last 
work so far as it relates to the Proprietary and Royal gov- 
ernments is mostly a reproduction of parts of Hewatt's 
work. He follows that author line after line, and page 
after page. He appears to have consulted no original 
documents in its preparation. His first volume is little 
more than an abridgment and rearrangement of Hewatt's 
history ; but in the second he has compiled much valuable 
information in regard to medical, legal, fiscal, agricultural, 
and commercial affairs, of the arts, of natural history and 


literature, and has appended biographical sketches of great 
interest. The chief value of his work is contained in the 
second volume. 

Ramsay's history of the revolution in South Carolina 
is valuable chiefly for the number of original documents 
it preserves, and is quite full so far as it records the trans- 
actions of Congress and the movements of the Continen- 
tal army, but he fails to appreciate the important part 
acted by the partisan bands in South Carolina during the 
period in which, after the fall of Charleston and the defeat 
of Gates at Camden, the State was practically abandoned 
by Congress as lost. His silence upon the subject is per- 
haps owing to the fact that during that time he was an 
exile in St. Augustine, cut off from information of what 
was passing in the State, and that from the very nature 
of the important services rendered by those patriots, with- 
out a government of any kind — State or Continental — 
to support them, they were without official records and 
their deeds dependent for historical preservation upon pri- 
vate memoirs, which had not appeared at the time when 
Dr. Ramsay compiled his history. 

General William Moultrie in 1802 published two vol- 
umes, entitled '' Memoirs of the American Revolution so far 
as it related to the States of North and South Carolina and 
Georgia, compiled from the most authentic materials, the 
author's personal knowledge of the various events, and in- 
cluding an epistolary correspondence in public affairs with 
civil and military officers at that period." These volumes 
are invaluable for the original papers whicli they contain, 
surpassing any other history of the times in this respect. 
The personal letters he gives throw a flood of light upon 
the state of private opinion of tlie times, and are scarcely 
less valuable than tlie numerous pul|J.ic papers, orders, re- 
ports, etc., which are thus preserved. General Moultrie 


was a prisoner from the fall of Charles Town, and so, like 
Dr. Ramsay, was not a participator in the great achieve- 
ments of Sumter and Marion. In charge, however, under 
the British authorities of the American prisoners taken in 
Charles Town, he gives us an account of their treatment, 
and occasional glimpses of what was passing in the British 
lines, which he obtained in such intercourse with the Brit- 
ish officers as his position allowed or called for. His per- 
sonal recollections were recorded, however, too long after 
the events of which he writes to insure accuracy. 

In 1812 Colonel Henry Lee, wJio had commanded the 
famous legion in the campaigns of 1781 and 1782, pub- 
lished his history, entitled " Memoirs of the War in the 
Southern Department of the United States." In this 
work Colonel Lee displays abilities as a writer scarcely 
less than those of a military commander, which he had so 
signally displayed during his service in this State. As 
his greed for fame, however, had laid him open to the ac- 
cusation of improper conduct in the field, it led him also 
as an author to assume, impliedly at least, credit to him- 
self for deeds performed by others. His jealousy of Sum- 
ter and Marion was very great, — especially of Sumter, — 
but it was not confined to them. It extended also to 
Major Rudulph, his next in command in the legion. To 
secure for himself the honor of receiving the surrender of 
Fort Grandby in 1781, he is charged with granting im- 
proper terms to the British commander in order to hasten 
the surrender before Sumter, who had hemmed in the Brit- 
ish garrison before Lee's arrival, could return from a dash 
upon Orangeburg. The taking of Fort Galpin he leayes to 
be inferred as having been accomplished by himself, when 
it was the achievement of Major Rudulph, and at wliich he 
was not even present. He describes the battle of Quin- 
by's Bridge as if fought by him, without mentioning the 


fact that General Sumter was present and in command. 
Colonel Lee's memoir is nevertheless a most able, impor- 
tant, and valuable work. It was republished and edited 
by his distinguished son, General Robert E. Lee, in 1870, 
under the briefer title of the " Memoirs of the War '76," 
and is so cited in this work. 

In 1816 Mason L. Weems, of Maryland, claiming to be 
an Episcopal clergyman, his ordination as such, however, 
being, at least, doubtful, but who did, nevertheless, officiate 
at Pohick Church, near Mount Vernon, in the time of Gen- 
eral Washington, wrote a life of General Marion, which 
he published as the joint work of General Peter Horry 
and himself. General Horry disclaimed the honor. 
Weems was a man of no character, but became famous as 
an author and travelling book agent for Mathew Carey. 
An Episcopal clergyman, as he claimed to be, he knew no 
distinction of churches, but preached in every pulpit to 
which he could gain access, and from each of which he 
recommended his books. He carried a fiddle on his 
drumming tours, and when he could find no pulpit from 
which to cry his books he gathered a crowd by that instru- 
ment. He nevertheless wrote in a most popular style, and 
his Life of Washington, published in 1800, went through 
forty editions. His Life of Marion has probably gone 
through as many and is still republished. These works, 
says Bishop Meade, have been probably more read than 
those of Marshall, Ramsay, Bancroft, and Irving put 
together. Hence it is that Marion's name is to be found 
all over the United States in the nomenclature of towns 
and postoffices. As historical works these books aie 
absolutely valueless and full of ridiculous exaggeration- 
and false statements. The best that can be said of their 
is to call them historical romances.^ 

1 See Old Churches, Ministers, and Families of Virginia, Bishop 
Meade, 2 vol., 233 ; Allibone's Critical Die. of English Literature. And 


The appearance of Weenis's fanciful tale, besides giv- 
ing fame to Marion which he fully deserved upon better 
grounds than that of his idle story, had the beneficial 
effect of calling forth a most admirable and authentic 
work upon the subject by Major William Dobein James, 
of Marion's brigade, published in 1821, The only allu- 
sion, however, which Major James makes to Weems's book 
is the statement, in his preface, that the original of the 
correspondence between General Greene and General 
Marion had been left by General Horry with Weems; 
" but it appears," James observes, that " he made no use 
of them." 

The two volumes entitled "Sketches of the Life and 
Correspondence of Nathaniel Greene, etc., by the Hon. 
William Johnson, Justice of the Supreme Court of the 
United States," published in 1822, besides a brief but 
excellent sketch of the settlement of the province, con- 
tains altogether the best account of the war of the Revo- 
lution in South Carolina. Unfortunately, however, Mr, 
Justice Johnson, in his zealous advocacy of the hero of his 
work, became, we think, misled into attributing to him the 
credit for the redemption of the State, at the expense of 
Sumter and Marion, and their heroic followers. To repair 
this unintentional injustice of both Ramsay and Johnson 
shall be our earnest effort, if in the publication of this 
volume we shall find sufficient encouragement to pursue 
the work and life, and time shall allow. If so, we shall 
attempt to correct the impression and to show to how 
great an extent the ultimate results of the whole revolu- 
tionary struggle in the country was dependent upon the 

yet it is such a work as Weems's Life of Marion that is gravely cited as 
authority upon the subject of Education in South Carolina in the Report 
of the Commissioners of Education of the United States for the year 1893. 
See vol. I, 302. 


operationd of the partisan bands of South Carolina and 
her two neighboring States — operations conducted with- 
out military commissions to require or sanction them. We 
shall undertake to show that it was to these voluntary 
uprisings of the people of South Carolina, with the assist- 
ance of their friends in North Carolina and Georgia, that 
the whole of the enemy's plans were foiled, frustrated, and 
broken up, and the grand culmination of Yorktown ren- 
dered possible ; and then we shall critically examine the 
relative claims of Greene and Lee, of Sumter, Marion, and 
Pickens, to the glory of this achievement. 

We venture to believe that the record we shall present 
will show that no one of the thirteen original States of 
the Union suffered so severely in the war of the Revolu- 
tion as the State of South Carolina ; that in no one was 
there so much actual warfare ; in no one was there such 
an uprising of the people ; in no one was so much accom- 
plished for the general cause — and that with so little 

In the same year that Judge Johnson published his 

* A chronological list of battles, actions, etc., is given in an Appendix 
to a work entitled Historical Register of Officers of the Continental Army 
during the War of the Revolution, April, 1775, to December, 1788, by 
F. B. Heitman, Washington, 1893. This list gives the names of 316 
battles, etc. Of these 89 took place in the State of New York, 54 in 
South Carolina, 34 in New Jersey, 24 in Georgia, 21 in North Carolina, 
15 in Canada, 15 in Massachusetts, 14 in Connecticut, 14 in Virginia, 13 
in Pennsylvania, 5 in Rhode Island, 3 in Delaware, 3 in Indiana, 2 in 
Vennont, 1 in Maine, 1 in Nova Scotia, 1 in Florida, 1 in Chesapeake 
Bay, 1 in Lake Champlain, and 3 elsewhere. In a table prepared by the 
author of this work he has a list of 130 battles, engagements, etc., which 
took place in South Carolina, including, of course, the smallest affairs, 
but, on the other hand, including as but one the siege of Charleston, 
which lasted forty days ; the siege of Ninety-Six, which lasted twenty- 
seven days, etc. His tables show that there was actual fighting in every 
county in the State as present organized but three, and that these three 
were traversed by both armies. 


work there appeared Dr. Alexander Garden's "Anecdotes 
of the Revolutionary War in America, with Sketches of 
Character of Persons the Most Distinguished in the 
Southern States for Civil and Military Services." The 
title of this work is an injustice to its historical character. 
It is really a series of most valuable biographical sketches. 
The popular title by which it is known, "Garden's An- 
ecdotes," would not lead one to consult it for the valuable 
historical information which it contains. The anecdotes 
proper which it relates are but a small part of the work. 
Authentic sketches and incidents of the Revolution form 
by far the greater part. 

Besides the numerous published works upon the subject 
of the Revolution, British and American, which we have 
been able to consult, too numerous to mention, we have 
been so fortunate as to have had access to two volumes 
of manuscript letters and papers of General Sumter, con- 
taining all of General Greene's letters to hinr, and also to 
copies of his letters to General Greene, few of which have 
yet been published. This correspondence, together with 
that published by Major Henry Lee, the son of Colonel 
Henry Lee, in his work entitled " Campaigns in the Caro- 
linas," 1824, written in answer to Mr. Justice Johnson's 
claims in behalf of General Greene, throw great light upon 
the subject, and we think will be found to sustain the posi- 
tion we shall take in regard to the relative merits of the 
services of these distinguished men. 

In 1802 Governor John Drayton published under the 
title of " A View of South Carolina " a brief, but most 
valuable, treatise relating to the interior economy and 
material resources of the State, containing important sta- 
tistical information. To this he added, in 1821, two vol- 
umes of Memoirs, compiled principally from the papers of 
William Henry Drayton, his distinguished father, in which 


he has preserved important original material, chiefly re- 
lating to the years immediately preceding the Revolution. 

In 1820 the Rev. Frederick Dalcho, M.D., compiled 
his church history. It is entitled "An Historical Ac- 
count of the Protestant Episcopal Church in South Caro- 
lina," etc., but it is far more than a history of the Church 
of which he writes. It is full of the most important 
information in regard to the province generally and is 
entirely free from sectarian bias. 

Mills's Statistics of South Carolina, etc., published in 
1826, was intended, as the author states in his preface, as 
an appendix to his great work, the " Atlas of the State." 
It is full of curious and interesting information ; unfort- 
unately, however, it is not so reliable historically as his 
atlas, which must ever remain the basis of every subse- 
quent work. His statistics are unquestioned and supply 
a want in the history of the State. Historically, how- 
ever, he is inaccurate. His list of the Proprietary and 
Royal Governors, which is usually followed, is incorrect, 
as he makes no distinction between the Governors and 
Lieutenant Governors, presidents of council or others 
acting ad interim. There were no natives of Carolina 
Governors under the Royal rule. 

Hewatt cites no authorities in his work, and indeed 
appears to have had access to few original paj)er8, and, 
as we have observed, Ramsay added nothing in this line ; 
it remained for Mr. B. R. Carroll, in 1836, to give to the 
State the first collection of original documents relating 
to the Proprietary and Royal Governments. It is diffi- 
cult to estimate the value of this contribution to the 
study of the history of the State in the two volumes 
published. His compilation is entitled " Historical Col- 
lections of South Carolina, Embracing Many Rare and 
Valuable Pamphlets and Other Documents Relating to 


the History of the State from its Discovery to its Inde- 
pendence in the Year 1776." The first of these volumes 
contains a republication of Hewatt's History. The second 
is the most valuable as containing the original papers 
upon which much of the history of the province must 

William Gilmore Simms, the poet, novelist, and histo- 
rian of the State, in 1840 produced a volume originally 
conceived with the view to the instruction of an only 
daughter in the history of her birthplace. His purpose, 
he tells us in the preface to the last edition of the work, 
was to present something more than an abridgment of 
the previous cumbersome volumes relating to the his- 
tory of the State in a cheap and popular form. He made 
no original research ; but accepted the statements of 
Hewatt and Ramsay, endeavoring only to simplify and 
popularize the style of their story. His history, so pre- 
pared, has gone through several editions, 1840, 1842, 1860, 
but is now out of print. The historical reputation of the 
author does not, however, depend upon his professed his- 
tory, but rather upon his historical novels. It is in these 
that Mr. Simms has brought out the strong individuality 
of the Carolina character as it impressed itself upon the 
struggle of the Revolution, "and developed into that 
unique partisan warfare so bold in its conception, so 
brilliant in its performance, so triumphant in its results." 
" And I cannot refer to this glorious portion of our his- 
tory," observes one of the most distinguished sons of 
Carolina, the Hon. William Henry Trescot, " without ac- 
knowledging the debt which I think the State owes to 
one of her most distinguished sons for the fidelity with 
which he has preserved its memory, the vigor and beauty 
with which he has painted its most stirring scenes and 
kept alive in fiction the portraits of it3 most famous 


heroes. I consider Mr. Simms's partisan novels as an 
invaluiible contribution to Carolina history."^ 

In 1851 Joseph Johnson, M.D., published a volume of 
*' Traditions and Reminiscences Chiefly of the American 
Revolution in the South, including Biographical Sketches, 
Incidents, and Anecdotes," etc. This is as it purports to 
be a volume of traditions and reminiscences. It does not 
assume to be a connected history, nor to be taken from 
original sources. The traditions which the author gives 
are sometimes, therefore, found to be incorrect, as tradi- 
tions in their details often are, but the volume has never- 
theless preserved many most valuable loose papers, and 
has rescued from oblivion and preserved many most im- 
portant and interesting incidents. Especially so in re- 
gard to the upper country. Its great value, like that of 
the second volume of Ramsay's History, is in its biograph- 
ical sketches and Revolutionary incidents. 

In 1853 R. W. Gibbes, M.D., published a volume of 
" Documentary History of the American Revolution, Con- 
sisting of Letters and Papers Relating to the Contest for 
Liberty. Chiefly in South Carolina in 1781 and 1782, 
from originals in the possession of the editor and from other 
sources." Dr. Gibbes says in his preface that the series 
of letters collected by General Peter Horry, which he 
published, had been in the hands of Weems, Garden, and 
Simms, who have each written a life of Marion. To these 
he has added a few letters, which he selected from Tarle- 
ton's Memoirs, Ramsay's Revolution in South Carolina, 
Johnson's Life of Greene, Lee's Memoirs and Lee's Cam- 
paign of 1781. The original letters to and from Greene, 
Sumter, and Marion, and of Governor Rutledge, etc., are 
of the greatest historical value. In 1855 Dr. Gibbes fol- 

^ Oration of Hon. William Ilt'iiry 'Prescot before the South Carolina 
Historical Society, May 10, 1859, Coll. Hist. 8o. 6'c., vol. III, 20. 


lowed this volume with a second, and in 1857 with a third, 
bearing the same title, composed chiefly of original papers; 
the second relating to the early period of the Revolution, 
and the third to the later. The two last are quite as 
valuable as the flrst. 

In 1856 Mr. Plowden C. J. Weston printed for private 
distribution a volume entitled " Documents Connected 
with the History of South Carolina." These documents 
are five in number. The first two, viz. "The Land 
Travels of David Ingram, 1568-9," and the " Letters of 
Capt. Thomas Young," etc., 1634, relate but indirectly, if 
at all, to the history of Carolina. The other three are 
very important. They are : (1) " Governor Glen's An- 
swers to the Lords of Trade," which are evidently the 
original of a tract entitled "A Description of Carolina," 
etc., published in London, 1761, and reprinted in Carroll's 
collection ; (2) " The Letters of Richard Cumberland, 
Esq., to Roger Pinckney, Esq., his Deputy, with Regard 
to the Provost Marshalship of South Carolina," and 
(3) " De Braham's Philosophico-Historico-Hydrogeography 
of South Carolina, Georgia, and East Florida." 

The State owes a debt of deep gratitude to these col- 
lectors of historical material, but no less is due to Professor 
William James Rivers for the first standard work upon 
her history. In 1856 Professor Rivers, then of the South 
Carolina College, published " A Sketch of the History of 
South Carolina to the Close of the Proprietary Govern- 
ment, 1719, with Appendix Containing Many Valuable 
Records." This history is compiled from original docu- 
ments, and the authorities upon which he relies for his 
statements are all given. Its accuracy has recently been 
severely tested by the publication of the Colonial Records 
of North Carolina, many of which records of the time of 
the Proprietary Government are really the records of this 


province, and, in the main, incidentally only to North Caro- 
lina — and also by the manuscript recently obtained by 
this State from the State paper office in London. This 
test has sustained the accuracy of Professor Rivers's work, 
and vindicated his conclusions to a remarkable degree. 

Professor Rivers has made other most valuable contri- 
butions to the History of the State, Topics on the History 
of South Carolina, Chapters on Colonial History, etc. 

The "Collection of the Historical Society of South 
Carolina," the publication of which was begun in 1857, 
but which, from the late war and various causes, have 
been impeded, contain a vast amount of information, and 
are invaluable to the student. The original documents 
are all important : but the great value of the work con- 
sists in the " List and Abstract of Documents Relating to 
South Carolina now Existing in the State Paper Office, 
London," prepared for the Society by their agent, the late 
W. Noel Sainsbury, assistant keeper of the public records ; 
the Records of Council of Safety in the beginning of the 
Revolution ; and Mr. Laurens's narrative of his capture 
and imprisonment in the town from 1780 to 1782. 

In 1858 the Hon. John Belton O'Neal, Chief Justice of 
the State, published a small volume entitled " The Annals 
of Newberry," in which much information in regard to 
the settlement of that district (now county) is given. 
The next year, 1859, the first volume of a proposed His- 
tory of the Upper Country of South Carolina, by John H. 
Logan, appeared. It is deeply to be regretted that the 
war, and Mr. Logan's subsequent death, should have put 
an end to. this admirable work, which promised to be of 
such great value to the State. The volume published is full 
of the most curious information. In 1867 the " History 
of the Old Cheraws," by the Rt. Rev. Alexander Gregg, 
D.D., was published. This work contains an account of 


the aborigines of tlie Pee-Dee, the first white settlements, 
their subsequent progress, civil changes, the struggle of 
the Revolution, and growth of the country afterward, from 
1730 to 1810, with notices of families and sketches of in- 
dividuals. It offers the most complete history of a given 
section of the State to be found. In 1870 the Rev. George 
Howe, D.D., professor in the Theological Seminary, Co- 
lumbia, South Carolina, published a " History of the Pres- 
byterian Church in South Carolina." This volume is a 
mine of information in regard to the settlement of the 
upper part of the State. It contains much new matter in 
regard to the lower country also ; but its chief value is 
in the material the reverend author has collected about 
the settlements of the other section. He has done very 
much to supply the work upon which Mr. Logan was en- 
gaged. It is not without its significance that the two 
Church histories. Episcopal and Presbyterian, should em- 
body so much that is of interest and value to the State at 

In 1891 the General Assembly of the States provided 
for the appointment of a commission of five citizens to be 
known as " The Public Record Commission of South 
Carolina." The records now known as the Shaftesbury 
papers, the transcripts of which aggregate about a thou- 
sand closely written cap-size pages, remained in the 
family of Sir Ashley Cooper for two centuries. The late 
Earl about twenty years ago deposited these original docu- 
ments in the Public Record office in London. These 
papers were at once classified, catalogued, and made ac- 
cessible to the public. In preparing the address in 1883 
on the occasion of the "Centennial of Incorporation of the 
City of Charleston," the Hon. William A. Courtenay, then 
mayor of the city, had sent him through Mr. Sainsbury 
some of the earliest letters and other documents which 


he used upon that occasion. The names of the colonists 
who came out in the Carolina under Governor Sayle were 
first published in that address. Impressed with the im- 
portance of the partial information thus obtained, he sug- 
gested to the City Council to secure transcripts of the 
remaining papers. This was done, and subsequently 
these earliest records of South Carolina were deposited 
with the South Carolina Historical Society, accompanied 
by an appropriation to promote their publication. The 
General Assembly of the State also contributed to the 
same purpose, and these valuable records are now in press 
and will shortly appear. Mayor Courtenay has for two 
decades been an active worker in State history ; during 
his mayoralty he edited and published eight octavo vol- 
umes of municipal department reports, with an appendix 
to each volume of original historical papers. These ap- 
pendices contain in all twelve hundred pages of interesting 
and valuable material not accessible elsewhere. His Cen- 
tennial Address, subsequently revised and enlarged at the 
request of the City Council, contains the only connected 
sketch of the history of Charleston in print. The church 
histories prepared especially for his Year Books are full of 
local information of value, in the Cartography of South 
Carolina there are twenty-four maps, from the first ever 
drawn of dates 1672 down to later years. The most of 
these are rare and difficult to purchase even at high prices. 
Each map has been reproduced in fac-simile from originals, 
and together form a most desirable cartographical collec- 
tion. In 1890-91 Mayor Courtenay originated a plan for 
procuring transcripts of all the papers relating to South 
Carolina in the London record office, and was chiefly in- 
strumental in obtaining the passage of an act creating the 
Public Record Commission of South Carolina. This 
commission consisted of the Hon. J. E. Tindall, Secretary 


of State, ex officio chairman, the Hon. Henry Mclver, Chief 
Justice, Hon. William A. Courtenay, Hon. W. C. Benet, 
and Professor R. Means Davis, whose duty it was made 
to procure transcripts of such documents relating to the 
liistory of South Carolina as they might deem necessary 
or important, and appropriations were made for the pur- 
pose. The commission immediately upon its appointment 
chose Mr. W. Noel Sainsbury, who was then retired from 
his official position in England, as the agent of the State 
for the purpose of procuring transcripts of every paper 
relating to the province and colony of Carolina from the 
date of the first charter of the Lords Proprietors, 1663, to 
the overthrow of the Royal Government, in 1775. In the 
three years since the commission has received and placed 
in the office of the Secretary of State thirty-six volumes 
of manuscript colonial records and fifteen hundred pages 
of missing journals of the Commons House of Assembly. 
These volumes, together with the colonial records of 
North Carolina, obtained from the same source and pub- 
lished by that State, and the Shaftesbury papers, copied 
for the City Council of Charleston, in 1883, under the 
direction of Mayor Courtenay, deposited with the South 
Carolina Historical Society, and just now about to be pub- 
lished, with the papers published as appendix to the work 
of Professor Rivers's Historical Sketches of South Caro- 
lina, present nearly, if not every, paper of public interest 
relating to tlie early history of the province. The man- 
uscript volumes thus obtained by the commission have 
been entitled by them " Public Records," and will be so 
quoted in the following work. 

A great revival of interest in colonial history has re- 
cently taken place all over the country, and renewed 
attention is given to that of each of the old thirteen 
States. In this study the history of this State is receiv- 


ing its full share. In the series of studies instituted by 
the Johns Hopkins University in historical and political 
science three volumes have been issued relating to South 

The first of these is one by B. James Ramage, A.B., 
entitled "Local Government and Free Schools in South 
Carolina," first part read before the Historical Society of 
South Carolina, December 15, 1882. It is composed of 
two short essays, in the first of which the author traces 
very briefly the history of the organizations of the parish, 
district, and county, and in the second that of the free 
schools. It is to be regretted that the limits which the 
author prescribed for himself did not permit a further 
investigation into these interesting subjects — a regret 
the more felt because of the excellent treatment of them 
as far as he has gone. 

The second of these is one by Shirley Carter Hughson, 
entitled "The Carolina Pirates and Colonial Commerce, 
1670-1740" (Twelfth Series, V, VI, VII), 1894. The 
title to this volume we think misleading. There were 
few or no "Carolina Pirates." Pirates infested the Caro- 
lina coast. When their nest in New Providence was 
broken up in 1718 by the British Government, they sought 
refuge in the Cape Fear and other less commodious har- 
bors on the coast, and from these points they carried on 
their depredations. But these pirates were as much ene- 
mies of the people of Carolina as the Indian savages in 
the woods behind our colony. While, however, we differ 
from the author in some respects, we recognize the thor- 
oughness of his work, and admire his graphic descriptions 
of the actions between the Carolina forces and these for- 
midable buccaneers. Mr. Hughson's story of these pirates 
and of the manner in which they were met, beaten, and 
destroyed by Colonel Rhett and Governor Robert Johnson 

84 Mi^^ri^KV or sovth Carolina 

iH woU loltl and full of romance. We shall follow closely 
liiM NinkMnont^ of facts in regard to them. 

Tho other volume, published by the Johns Hopkins 

University, is one by Professor Edison L. Whitney, Ph.D., 

LL.B., professor of history, Benzonia, Michigan. This 

monograph, the author says, aims to give a description of 

the Government of South Carolina during the colonial 

period from the constitutional point. The author states 

in his preface that the foot-notes have been made more 

Qomerous than was necessary in order to show to the 

nnder where to turn for fuller information, rather than 

u> furnish authorities for statements in his work. This, 

w^ think, is unfortunate, for in such a work the most 

imix^ruuit purpose of such notes is to give the authority 

U(\^ xthich the historian relies for his statements, and in 

^fc^b XTxMrk the authorities given in the notes do not always, 

w^ (hmk^ l)e«ir out the statements of the text. The author 

hsfc* Uttdoubtodly given much patient researcli to his sub- 

NVl Mui h^ oonaulted a number of authorities to which 

iw wt^Wk H» difficulty has been that in pursuing "the 

Hiwi^l <iW^th\Hr* which he has adopted, rather than a 

cN\\v»^sslvvtv^ \mior% he has at times lost the historical con- 

HsvliN^kx whiv^h w mn^esaary in order to understand the pro- 

\ u\ivv»^>t v>f iW Uw bo cites. He has attempted to evolve 

4 w !iU^»^ (V\MW tho li^tter of the statute without reference 

u^ vNc vHKVUWWt*^UW* under which it was passed or to the 

>irtvvi\Kv>x x^MWl' U was indeed actually put in operation. 

U ^ h*vx aU^ If^Ui^u into the serious error of stating that 

v^hav I H^uVv^Hl Uovornors were frequently appointed in 

v^o K>^i^«^k. IWy wt^W seldom on the Continent, and that 

\\vvv>h4 UK^<^h\\^^ NVIV8 the only Lieutenant Governor com- 

u^vivvwysl vw Ss^utU ('arolina. This is altogether a mis- 

xtVx I ^vu^\^MlUl Governors were often appointed on 

\, V>^*^***^^* ^'^^^'y ^^^® ^^ appointed in New York, 


Maryland, Virginia, the Carolinas, and Florida. Lieu- 
tenant Governor Broughton, who succeeded to the admin- 
istration of the government upon the death of Governor 
Robert Johnson, May 3, 1735, died on the 22d No- 
vember, 1737, whereupon, no Governor having yet been 
appointed by his Majesty in the place of Governor John- 
son, William Bull, the son of Stephen Bull, the emi- 
grant, succeeded to the administration as President of 
the Council, but on the 3d of June, 1738, was appointed 
Lieutenant Governor, and so continued until his death, 
23d May, 1755, a period of seventeen years. His son, 
William Bull, who had been Speaker while his father was 
Lieutenant Governor, was commissioned Lieutenant Gov- 
ernor in 1759, and so continued until the overthrow of 
the Royal Government in 1775, a period of sixteen years. 
The father and son thus being Lieutenant Governors 
thirty-three years. Neither father nor son was ever Gov- 
ernor. The list of Royal Governors, given in Appendix 
II to the work, following that prepared by Mills, is in- 
correct. Arthur Middleton was never Governor. He 
was "President of the Council," and as such adminis- 
tered the government during the absence of Governor 
Nicholson. He was addressed as " President and Com- 
mander-in-chief." The first Lieutenant Governor Bull's 
administration was between the death of Governor John- 
son and the appearance in the province of Governor Glen 
(five years after his appointment). He continued as Lieu- 
tenant Governor for twelve years, during Governor Glen's 
commission, and after, until his death. The second Lieu- 
tenant Governor Bull held his commission through the 
administrations of Governors Lyttleton, Boone, Lord 
Charles Greville Montague, and Lord William Camp- 
bell. Neither was deputy to any particular Governor, 
but held his office independently of the Governor's tenure. 


The Governor W5W addrese«tetl as *• His Excellency " ; the 
Lieuten;uit Governor, even though administering the gov- 
ernment was but ** His Honor.** 

This error of the author touches upon a material point 
in the (\>Ionial history of South Carolina. It was one 
of the grievances of the colonists that none of them 
could ever hoj)e to receive the highest appointments in 
the province. These were reserved for placemen from 
England. Broughton and the Bulls« however well they 
might administer the government in the absence of a 
Governor^ could never aspire to be more than Lieutenant 
Governors; Charles Pincknev, however learned as a 
lawver, could hold the office of Chief Justice onlv until it 
suited the convenience of the Roval Government to 
bestow it upon some disappointed favorite at Westmin- 
ster. The colonists resisted the ignoring of Pinckney's 
appointment by the local government as Chief Justice 
in the place of Graeme, deoe^sed, and the sending out Mr. 
Peter I^igh, a discredited English barrister, instead. They 
were especially urgent that William Bull, the younger, 
should receive the appointment of Roj\al Governor to suc- 
ceed Lord Montague, and the api>ointment of Lord William 
Campbell instead was j>erhaps one of the influences which 
turned the scales of the Revolution in South Carolina. 

Among the contributions to Educational History, edi- 
ted by Herbert B. Adams and published by the bureau 
of education of the United States, is a very able mono- 
graph, in 1889, entitled '* History of Higher Education 
in South Carolina, with a Sketch of the Free School Sys- 
tem," by Colyer Meriwether, A.B., Johns Hopkins Uni- 
versity. In this sketch is traced the development of the 
free or public school system of the State. The earliest 
educational efforts are described and instances are given 
illustrating the interest of South Carolina, when yet a 
colony, in providing the means for the intellectual 


improvement of her sons. To this volume is added as 
an appendix a republication of a paper read before the 
Historical Society of South Carolina, August 6, 1888, by 
Edward McCrady, Jr., entitled "Colonial Education in 
South Carolina" — a refutation of the charge made by 
Mr. McMaster, in his History of the People* of the 
United States, of the neglect of education in South 
Carolina prior to and during the Revolution. 

The present volume will be restricted to the history of 
South Carolina during the Proprietary Government, i.e, 
from the settlement of the colony under the Royal 
charter to the overthrow of the Proprietors' rule, in 1719, 
a period of fifty years. A very brief review will be 
taken of the first explorations of the coast and the 
attempted Huguenot colony under Ribault. We shall 
more critically examine the exegesis of the charters under 
which the colony was founded, and the famous Funda- 
mental Constitutions of Locke, which the Proprietors so 
persistently attempted to impose. We shall trace the 
progress of the colony from the arrival of the first adven- 
turers and their settlement at Old Town on the Ashlev; 
its removal to Oyster Point, the present site of the city 
of Charleston, and its gradual extension; the peopling of 
the province from different sources, and the peculiar 
influences upon its development of the Barbadian and 
Huguenot elements of the population. We shall tell of 
the struggle between the Proprietors to enforce the 
extraordinary system devised by Locke, and the success- 
ful resistance of the people under the lex scripta of the 
charters. Then we shall follow the contest, over the 
Church Acts involving the naturalization of the Hugue- 
nots, resisted by the dissenters because of the affiliations 
of those people with the churchmen. These commotions 
we shall see to have had their origin in the mother 


country, and to have been intimately connected with the 
purposes of political parties there. The devolution of 
the titles of the Proprietary shares in the province by 
deaths and assignments we shall observe materially 
afifecting the afifairs of the colony. 

We shall tell of the contests of the colonists with the 
Spaniards, the French, the Indians, and the pirates — how 
well they maintained the outpost so necessary to the 
claim of England's dominion on the American Continent, 
and how firmly and bravely they met the pirates, consti- 
tuting, at the time, a power which defied the distant 
governments of Europe, and preyed upon the colonial 
commerce — how vigorously and sternly they brought 
those enemies of the human race to judgment and 
inflicted upon them the extreme penalties of the law. 

Despite political turmoil, hurricane, pestilence, and fire, 
the tomahawk of the Indian, and the sword of the French 
and Spaniard, we shall find the colony gradually devel- 
oping from an emigrants' camp to social order and settled 
government, and carrying on successfully at their ex- 
treme end of the line of English colonies the experiment 
of representative government. We shall find them lay- 
ing the foundation of great fortunes, building churches, 
quarrelling over religion, but withal strenuously maintain- 
ing it, and curiously mixing Puritan fanaticism with High 
Church dogma, founding schools and libraries, and laying 
so broad and deep the foundations of jurisprudence that 
that structure has continued to this day to rest upon the 
code of laws adopted in 1712. 

Then we shall have to tell of the revolution encour- 
aged, if not indeed instigated, by the Royal Government 
in England, by which the Proprietary Government was 
overthrown, and the province of South Carolina taken 
under the immediate government of his Majesty, King 
George the First. 


Christopher Columbus accepting the theory of the ro- 
tundity of the earth, in 1492 sailed westward, assured that 
unless he discovered some new country in the yet unex- 
plored seas he must reach the Indies, the easternmost 
limits of the known world. Upon his discovery of the 
islands which he supposed to be the Indies, he returned 
to Spain with the great tidings, and Pope Alexander VI 
generously bestowed the new countries upon the King- 
doms of Leon and Castile, on the condition that they 
should labor to extirpate idolatries and plant the holy 
faith in the New World. In his second voyage, in 1493, 
Columbus discovered more islands and coasted along a 
part of South America. In his first voyage his course 
had been diverted by the flight of birds to the southwest 
— and never, it has been said, had a flight of birds such 
important consequences. This southerly direction Colum- 
bus and his followers continued to pursue, and so it was 
that the northern continent escaped their knowledge. 

Had the course of Columbus not thus been deflected, he 
would have entered the warm current of the Gulf Stream, 
have reached Florida, and thence perhaps been carried to 
the coast of Carolina or Virginia. The result would prob- 
ably have been, as it has been observed, that the territory 
of tlie present United States would have been given a 
Roman Catholic Spanish population instead of a Protes- 
tant English one — a circumstance of immeasurable im- 



portance.^ As it happened, the only foothold the Spaniards 
obtained in this territory was in Florida, and the only 
English colonists with whom they came in contact and 
collision were those in Carolina. In the year 1496 John 
Cabot, a Venetian then in England, perceiving by the globe, 
as he thought, that the islands found by Columbus stood 
almost in the same latitude with England, and much 
nearer thereto than to Portugal and Castile, obtained from 
King Henry VII two ships and three hundred men, with 
which he embarked upon a voyage of discovery of his 
own. He sailed westwardly, discovered Newfoundland, 
and coasted along the shores of North America, Salvano 
says, till he came to 38 degrees towards the equinoctial 
line — that is, somewhere oflf the coast of Virginia, and 
from thence returned to England. " There be others," he 
adds, " which say that he went as far as the Cape of Florida 
which standeth in 25 degrees."* Columbus was diverted 
to the south by the flight of birds. Sebastian Cabot, 
upon the death of his father, like Columbus, seeking a way 
to India, ascended Hudson's Bay, and pressed on among ice- 
bergs until the mutiny of her crew compelled him to turn 
back. Thus it was that the first discoverers of America, 
seeking a way to India, turned aside from the great Con- 

inent, the one to the tropics, and the other to the Arctic 

In 1495 the Spaniards had established themselves upon 

iie Island of Hayti or Hispaniola, which became the seat 
of their great power in the Western Hemisphere. It was 
not, however, until seventeen years later that they became 
aware of the Continent so near them on the north. In 
1512 Juan Ponce de Leon discovered the mainland of 
Florida on Easter, Pascha Floridum^ the supposed deri- 

^ John Nichol, LL.D., Encyclopedia Britannica, ** America." 
^Hakluyt's Voyages, Supplement, 17, 18. 


vation of the name. He landed, it is said, at a place 
called the Bay of the Cross, a few miles north of the site 
of St. Augustine, took possession, and erected a stone cross 
in sign of the jurisdiction of Spain. This was to be the 
place of the first European settlement on the Continent of 
America, and was to be the source of numerous woes to 
the English colonists of Carolina. 

The first Europeans who trod the soil of Carolina were 
Spaniards who sailed in 1520 from Hispaniola, seeking in 
the Lucayos or Bahama Islands a supply of Indians to take 
back with them to work as slaves in their gold mines, a 
third part of the nation of Hispaniola having perished 
within three years after the Spaniards took possession of 
the island. Two vessels fitted out by Lucas Vasquez 
de AUyon for this purpose, driven by tempest, more by 
chance than with any design of discovery, reached the 
coast about the latitude of 32 degrees. The adventurers 
entered a bay, a cape of which they named St. Helena, 
and a river in its vicinity they called the Jordan.^ 
Though the Spaniards had now been at St. Augustine 
for eight years, the natives of the region do not appear 
to have known of their presence. When, therefore, the 
Spanish vessels made to the shore, the natives, aston- 
ished as at a miracle, thought some monster had come 
among them — they never before having seen a vessel. 
They fled upon the approach of the vessels, but two swift 
and nimble young Spaniards overtook a man and woman 
and brought them to the ship. Clothing and loading these 
with presents and sending them back, the Spaniards gained 

* Rivers, after a close examination of the accounts of early voyages, 
old maps, and charts, is not prepared to admit that the '* Jordan " is the 
Combahee, as most writers assert, but concludes that the *' Jordan'' 
coald not have been far from the Savannah. Hist. Sketches of So. Ca. 
(Rivers), 16. 


the confidence of the Indians, and were kindly treated by 
them. After some stay on the coast and a partial exami- 
nation of the country, the Spaniards enticed the Indians, 
whose confidence they had gained, on board their vessels, 
and when their decks were crowded they suddenly drew 
up their anchor and unfurled their sails, carrying oflf to a 
wretched fate the guests they had received with all the 
appearances of friendship. One of the vessels on its re- 
turn foundered at sea, and all on board perished. Many 
of the captives on the remaining vessel, pining with grief, 
refused to take food and died before the end of the voyage. 
Of those who survived, most languished in their bondage 
and sank under their sufferings. The rest became too 
feeble for the mines and were distributed among the 
people of Hispaniola as domestic servants or in the 
lighter tasks of husbandry. 

The countries around the bay into which the ships of 
Vasquez had entered on the one side were called Duharhe 
or Gualdape, and on the other Chicora.^ Vasquez, who 
was a citizen of Toledo, a licentiate, professor of judi- 
cature, one of the senators of Hispaniola, returning to 
Spain to procure leave to plant a colony, took with him 
as a servant one of the Chicoranes, whom he had baptized, 
giving to him the Christian name Francis and the sur- 
name of Chicora. Peter Martyr in his history of the New 
World says that he sometimes had both Vasquez the mas- 
ter and Chicora his servant as his guests, and retails the 
most extraordinary stories which they told concerning the 
inhabitants of Chicora and Duharhe, especially of the lat- 
ter country, whose inhabitants they said were white, and 
had a king of giant-like stature and height, called Datha, 

1 Rivers calls attention to the mistake made by several authors in 
giving the name of Chicora to the whole of this country, and not merely 
to a part of it, as in the text. 


and that the queen his wife was not much shorter than 
himself. Martyr was not, however, inclined to accept these 
wonderful tales told by Vasquez, "nor did Francis the 
Chicorane, who was present," he observes, " free us from 
that controversie." ^ Indeed, as Rivers observes, the captive 
seems to have acquiesced in any story his master made.* 

In the year 1524 Vasquez made another voyage to the 
coast of Carolina ; but the true events of the expedition 
are not certainly known.^ It is believed that he reached 
in safety the place which he had before visited, that one 
of his vessels was stranded, and that a number of his 
men whom he sent ashore perished by the hands of the 
natives — a just retaliation for his treacherous conduct in 
the previous expedition. 

The failure of this expedition and the equally disastrous 
fate of Narvaez and of I)e Soto and their companions 
disheartened the Spaniards, and their abandonment of the 
country for forty years left it open to exploration and 
occupancy by adventurers from other European states. 

In January, 1524, Giovanni Verrazzano set out on a 
voyage of discovery in behalf of Francis I of France.* He 
reached the Continent 34 degrees north latitude, and 
searching for a harbor landed probably in the neighbor- 
hood of Cape Fear. He returned to France in July of the 
same year. Upon this discovery and those made in Canada, 
the French claimed the greater part of North America 
under the title of New France ; but civil and religious 
wars at home distracted at the time their attention from 

* Hakluyt'8 Voyages, Supplement, 620, 621. 

» Hist. Sketches of So. Ca. (Rivers), 16. 

» Hakluyt'8 Voyages^ Supplement, 33 ; Hist. Sketches of So. Ca. 
(Rivers), 17. 

< Hakluyt'8 Voyages, vol. Ill, 295 ; Hist. Sketches of So. Ca. (Rivers), 


the New World. Thirty odd years after, Coligny, admiral 
of France and leader of the Huguenot party, obtained per- 
mission from Charles IX to establish a colony of Prot- 
estants in New France. Jean Ribault was sent out in 
command of two of the King's ships and a company of 
veterans, together with many gentlemen who joined the 
expedition, to discover a suitable place for the colony.^ 

The course of navigation from Europe to America had 
continued to follow the direction given to it by Columbus, 
by way of the Spanish Islands in the West Indies, but Ri- 
bault ventured directly across the Atlantic, and on the 30th 
of April, 1562, reached the Continent in 30 degrees north 
latitude. He landed at a river he called May, because he 
discovered it on the first of the month of that name, but 
it is now known as the St. John's River in Florida. From 
this point Ribault sailed along the coast towards the north, 
looking for the River " Jordan," which the Spaniards had 
visited forty years before ; and on the 27th of May he 
cast anchor in a depth of ten fathoms, at the opening of a 
spacious bay, which from cape to cape was three leagues 
wide and formed the entrance to a noble river, which he 
named Port Royal. 

Charmed with the magnificent forests, the stately 
cedars, the wide-spreading oaks, and fragrant shrubs, they 
explored the adjacent country ; they sailed up the Broad 
River, and passed probably through Whale Branch uniting 
with the Coosaws.^ The Indians fled at first upon the 
approach of the French, but their timidity was soon over- 
come by the sight of various articles of merchandise, and 
they were encouraged by friendly gestures ; in their turn 
they brought presents of deerskins, and baskets made of 
palm leaves, and a few pearls. They built an arbor of 

1 Hakluyt's Voyages, vol. Ill, 308-819. 

2 Hist. Sketches (Rivers), 22. 


boughs to shelter their visitors from the heat of the sun 
and sought with manifest good will to induce Ribaidt 
and his party to remain with them. This kindness of 
the natives Ribault returned by an attempt to capture 
some of them for the purpose of carrying one or two to 
France, in accordance with the command of the Queen, as 
Verrazzano and Vasquez and Columbus had done before. 
For this purpose he had induced two to accompany him 
to his ships, but when they perceived that they were to be 
carried away they escaped, leaving all the gifts they had 

Ribault then proceeded to take possession of these 
regions in the name of his king and of his country, and 
erected a stone pillar engraved with French armorials 
upon a hillock on an island which is believed to be that 
now known as Lemon Island, about three leagues up 
Broad River.^ Leaving twenty-six of his followers, who 
volunteered to remain under Captain Albert de la Pierria, 
whom he appointed to command them, Ribault returned 
to France to report to Admiral Coligny what he had 
accomplished and to procure further aid in establishing a 
permanent settlement. 

On the 11th of June, 1562, Ribault and his companions 
took leave of his garrison and fired a salute to Fort Charles, 
as they had named the fort they had built, and from whose 
battlements the flag of France first waved in North Amer- 
ipa. Ribault arrived in France on the 20th of July, after 
an absence of five months. He entertained no fear of 
danger to the small garrison he had left at Fort Charles ; 
but the civil war breaking out in France, his return was 

The natives in the neighborhood of Port Royal were 
disposed to be very friendly to the French, and the garri- 

1 Hist, Sketches (Rivers), 24. 

SOD □minCAizueti chieir trteiifkisiLip hj pnesents of kmres, 
h^cbec;?^ elochin^^ c*>t>^ ^mi cnnkecsN. and the still more effi- 
eaeioos ladoeiKHt ot true lodi^ui dre;id of their firearms 
and saperi^^ dejdljr westpaxiss^ Bat the IndLuis were im- 
piOTident,. pLiatin^ iko inoce «rv>cn than would serve for one 
season. The safety of the garrison depended, therefore, on 
their own tilling ot the 6trtile lands ad^^ent to the fort 
and Laving in a snppl v of f o^id« for which thev had ample 
time, bat with the unthriftr habits of soldiers thev were 
as impn»vident as the Indians^ When, however, their pro- 
visions first began to ran short they were abundantly sap- 
plied by a powerfol Imlian chief named Ovade. whose 
friendship they had wv>n : bat throa^ their carelessness 
the provisions thus obtained were accidentally homed. 
Ovade again came to their assistance, and assured them 
that as long as he could aid them they should not want. 
He gave them aLs^o some pearls, ami silver ore which he 
said could be fouml among the mountains toward the 
north at a distance of ten dav^* travel. The wealth of the 
mountains of Xorthwestem South Carulina and Western 
North Can>Iina. which is just now being o|^ned. thus ap- 
|)ears to have been known to the Indians at that time. 

But the greatest troubles of the garrison left by Ribault 
were at hand. Captain All^rt was a man of imperious 
temper and rigid in the discipline which he attempted to 
enforce, wliile. on the other hand, the privations to which 
the soldiers were retluced rendered them less subordinate. 
Albert grew more stern and harsh. A drummer was exe- 
cuted, and another of the irarrison l>anished to an island 
three leagues from the fort. 1'|xhi this the garrison broke 
into open mutiny, niunlered Albert, and bestowed the com- 
mand upon Nichohis Rarr^. 

Despairing of the return of Ribault^ the garrison began 
to seek the means of venturing upon the ocean in an 


attempt to return to France. They had carpenters among 
them, and a forge and iron and tools. What they needed 
most were sails and cordage. Resin they procured from 
the pine, and moss from the oak, with which they calked 
their vessel. They turned their shirts and sheets into 
sails, and their Indian friends taught them to make cord- 
age from the inner bark of trees. Unfortunately while 
taking their artillery, forge, and munitions of war in this 
weak vessel they took but a small supply of food, though 
they had an abundance on hand. 

Sailing with a favorable wind, they had gone only about 
one-third of the distance across the Atlantic, when calms 
befell them. Their provisions were soon so diminished 
that the daily allowance to each man was but twelve 
grains of millet. They were soon compelled to eat their 
shoes and leathern jackets and to drink the water of the 
sea. Some died of hunger. The boat leaked on all sides 
and required constant bailing. A storm arose and injured 
their frail vessel so much that in their despair they ceased 
their exertions and laid them down to die. Then, inspired 
with hopes by one more courageous than the rest, they 
agreed that one should die that the rest might live. 
Lots were cast, and it fell to Lachere, the man Captain 
Albert had banished and whose life his comrades had 
saved, now to die for them. He willingly gave back this 
boon to his starving friends. Soon after this they met 
an English vessel and were carried to England. 

As soon as peace was partially restored in France, the 
Calvinists having secured the freedom of worship in the 
towns they held, Coligny revived his project of coloniza- 
tion, and Laudoniere was dispatched in command of three 
ships, and reached America in June, 1564. He must have 
received information of the abandonment of Fort Charles, 
for he did not visit it again, but proceeded to Florida, 


where he built a fort on the May River, which he named 
Fort Caroline. 

Huh fort wa« afterwards, while under the command of 
Kit>ault, who had returned and superseded Laudoniere, 
dentroyed by the Spaniards from St. Augustine, under 
Menendez, and the garrison massacred. The story is 
UM that beneath the tree on whose branches Menendez 
hung his French prisoners was placed an inscription, "I 
do not this as to Frenchmen ; but as to heretics." This 
wau avenged by the Chevalier de Gourges, who sailed from 
France with an expedition raised at his own expense for 
the purpose, and hanging the Spaniards to the same trees, 
altered the inscription to read, "I did not do this as to 
Spaniards nor as to infidels ; but as to traitors, thieves, and 

TlniH ended the first attempt to establish a colony of 
lIuguenotH in what is now Carolina; but these simple 
yet h<jroi() people were again to come and to impress their 
geiith^ imumerH, their gaUantry, their frugality, and above 
all {\mr rt'ligious tone upon tiiose with whom they were 
to fckrin the |UM»ple of South Carolina. 

The attempt <id settlement at Port Royal forms an epi- 
mnU\ III the hiH(«)ry of the territory. It gave to the whole 
region the iiainn of (-arolina in honor of Charles IX of 
l^'raiM'o, iiiul to the river on which it was planted, that 
of Port KoyuK ThoMe names are all that remain of 
HI1muiII*h eiitorprino. And except these names, and per- 
hivpNNoiuo tradition whirh may still have existed among the 
IimIIiviih nvIioii the Knglinh eolonists arrived in the century 
aftnr, mul whioli niav \u\\i> intluenoed their conduct to the 
new iMlvpiiturers Tor gi>od or evil, it left no impression 
wluUovor upon the history which follows. 

No other sot (lenient was etYeetetl in Carolina for more 
tluin a hundred years after the abandonment of the French 


colony at Port Royal. In the meanwhile Sir Walter 
Raleigh's attempted colonies on the Roanoke in 1585 and 
1587 had likewise ended disastrously ; but later English 
colonies had been successfully planted in Virginia in 1607 ; 
in Massachusetts in 1620 ; the New Netherland Com- 
pany had been formally established on the Hudson in 
1614, another settlement by the Dutch at Bergen opposite 
New York in 1617, permanent settlements in Connecticut 
by the same people in 1633, and on the Delaware in 1639 ; 
Lord Baltimore's emigrants had settled at St. Mary's in 
1634. Companies from Massachusetts had spread them- 
selves into Connecticut in 1634-36, and into Rhode Island 
in 1636-39. 

Attention has recently been called to the historical fact 
that as early as the 10th of February, 1629, French Prot- 
estant refugees in England were in communication with 
Charles I for planting a colony in what is now South 
Carolina ; and that the patent issued to Sir Robert Heath 
as sole proprietor of this extensive region grew out of the 
proposals of Soubise, Due de Fontenay, representing 
French refugees in England, and of Antoine de Ridonet, 
Baron de Sance, his secretary ; and that in 1630 a colony 
of French Protestants actually sailed for Carolina in the 
ship Mayflower. Could it have been, it is asked, the same 
vessel that carried the Puritans to Plymouth Rock ? From 
some unexplained cause these Huguenots were landed in 
Virginia, for which miscarriage the owners of the vessel 
were made to pay X600 damages.^ 

In 1630 a grant was made by King Charles I to Robert 
Heath of all the territory known as Carolina ; but no 
colony was established under it. The first English colony 

* Hon. William A. Courteilay. In Memoriam^ Daniel Ravenel. See 
also Coll. Hist, So. Ca., vol. I, 199, 200. 



planted in what is now South Carolina was that sent out 
under the charters of 1663-65 of Charles II. 

The Spaniards claimed Florida, the northern limits of 
which were undefined, and Menendez, who had destroyed 
Fort Caroline and massacred its garrison, had in 1665 
laid the foundation of St. Augustine and built the fort of 
San Mateo, which was so long to be a thorn in the side of 
the Carolina colonists. 

As Rivers observes, notwithstanding the favorable de- 
scription which Verrazzano had given of our climate and 
country, and Ribault's account of the beautiful and com- 
modious harbor of Port Royal, a prejudice had arisen in 
favor of the more northern situations. But the success 
and prosperity of the colonies already established had 
awakened great interest in the mother country, and the 
vast and unexplored territory known as Carolina lying 
between Virginia admittedly under the domain of Great 
Britain, and Florida equally recognized as belonging to 
Spain, with its undefined boundaries, could not be 
allowed by his Majesty the King of England to remain 
unclaimed and unoccupied. So in the second year after 
the restoration, Charles II readily granted to some of his 
adherents and courtiers to whom he was indebted for dis- 
tinguished services, and who claimed to be excited " with 
a laudable and pious zeal for the propagation of the Chris- 
tian Faith and the Enlargement of our Empire and Domin- 
ions^''' a charter with extensive powers, for all the region 
lying south of Virginia extending from 31° to 36° north 
latitude, and westward within these parallels across the 
Continent, which was to be called Carolina, as it was now 
said, in honor of his Majesty, the said Charles II of 


European governments claimed their several posses- ! 
sions in America by right of discovery, by occupancy, , 
by conquest, and by treaties with the Indians. It was 
deemed a suflBcient ground for a king, upon which to base 
a claim, that a subject had sailed along a coast, and perhaps 
landed a boat's crew and proclaimed possession, and this 
to warrant the grant of lands beyond the shore, the nature 
and extent of which were entirely unknown. A foothold 
once obtained, dominion was asserted by occupancy over 
so much at least as the number of the colony enabled them 
securely to hold. Then followed in some instances so- 
called treaties — bargains by which for a few trinkets the 
natives were held to have ceded whatever right in the 
soil they may have had ; or else upon some pretext of 
wrong, war was declared, the natives driven away or 
slaughtered, and title claimed by right of conquest. 

England claimed her possessions as conquered or ceded 
territory, in which it was held that the King might make, 
alter, and change the law at will ; and that the common 
law therefore had no allowance or authority in them, they 
being no part of the mother country, but distinct though 
dependent dominions. They were subject, however, to 
the control of the Parliament, though not bomid by any 
act unless particularly named. ^ 

1 Blackstone^s Com.^ vol. I, 108 ; Jacob's Law Dictionary^ title 
"Plantation," vol. V, 160. See the discussion of the doctrine in the 
U. S. Senate by Calhoun and Webster on the proposition to establish 
territorial government in New Mexico and California, February 24, 1849. 



The governments of the English Plantations or Colo- 
. nies in America were of three sorts. 

^ 1. Royal or Provincial establishments, the constitution 
of which depended on the respective commissions issued 
by the crown to the governors and the instructions which 
usually accompanied their commissions ; under the author- 
ity of which pro\'incial assemblies were constituted with 
tlie power of making local ordinances not repugnant to 
the laAVs of England. 

2. Proprietary governments, granted out by the crown 
to individuals in the nature of feudatory principalities 
with all the inferior regalities and subordinate power of 
legislation which formerly belonged to the owners of 
counties palatine ; yet still with these express conditions, 
tliat the ends for which the grant was made be substan- 
tially pursued and that nothing be attempted which might 
derogate from the sovereignty of the mother country. 

8. Charter governments, in the nature of civil corpora- 
tions with the power of making by-laws for their own 
interior regulation not contnirv to the laws of England ; 
and with such rights and authorities as are specially given 
them in their several charters of incorporation.* 

This is the order in which Blaekstone stated the three 
forms of colonial government of England ; but chrono- 
logically the reverse is the order in which they were 
osUibliwshed. In June, 1579, Queen Elizabeth issued letters 
patent to Sir Humphrey (lilbert, authorizing him to dis- 
cover, occupy, and possess such remote ** heathen lands 
not actually possessed of any Christian prince or people 
as should seem good to him or them''; but although he 
disposod of his {>atrimony and all he jK>ssessed in fitting 
out a lloet to avail himself of this gracious permission of 
his Queen, the enterprise failed. The first step in the 

i Blackstone's Com., rol. I, 107-109. 


work of English colonization of America was the grant, 
six years after the permission given to Gilbert, to his half- 
brother. Sir Walter Raleigh. This grant was in the 
nature of a charter. It gave to him 

'< and to his heires and assigns for euer free libertie and licence from 
time to time and all times for euer hereafter to discouer, search finde 
out and view such remote heathen and barbarous lands countreis 
and territories not actually possessed of any Christian Prince nor 
inhabited by Christian people," ect. 

The people in those remote lands he was given power 
and authority to correct, punish, pardon, govern, and 

** according to such statutes, lawes, and ordinaces as shall bee by him 
the saide Walter Raleigh his heires and assignes and euery or any of 
them deuised or established for the better governement of the said 
people as aforesaid." 

Then foUows a proviso which in some form is found in 
all the subsequent charters : — 

''So always as the said statutes lawes and ordinance may be as 
neere as conveniently may be agreeable to the forme of the lawes 
statutes government or policie of England and also so as they be not 
against the true Christian faith nowe professed in the Church of Eng- 
land, nor in any wise to withdrawe any of the subjects or people 
of those landes or places from the allegiance of vs our heires and suc- 
cessours as their immediate soueraigne vnder God." ^ 

Under this charter Sir Walter Raleigh dispatched five 
fleets in succession in the years 1585 to 1587, and planted 
three small colonies on the coast of what is now North 
Carolina, which disappeared one after the other and left 
no trace. 

No permanent English settlement was effected in what 
now constitutes the United States till the reign of 
James I. In 1606 a charter was given by the monarch 

^ Charters and Constitutions — The United States (Poore), 2 vol., 1370- 


to Thomas Gates and his associates, certain knights, 
gentlemen, merchants, and other adventurers, who were 
^.to divide themselves into two several colonies. Those 
' from the city of London were to begin their plantations 
I at some convenient place on the coast of Virginia; those 
from the cities of Bristol and Exeter and the town of 
Plymouth, at some convenient place on the coast of New 
\Jingland.^ Under the charter the dominion of Virginia 
was founded in 1607, and the New England colonies in 
1620. That of Virginia and those of the New England 
colonies subsequently established were the charter gov- 
ernments mentioned by Blackstone, — civil corporations 
with power of making laws for their own interior regula- 
tions subject to the restriction of the charters. 

The first British colonies in America were thus estab- 
lished under charter governments. Then followed a 
series of Proprietary grants. The first of these was of 
the Island of Barbadoes, which was granted to the Earl 
of Marlborough by James I, — a grant which was, how- 
ever, disregarded by his successor, Charles I, who, upon 
ascending the throne, granted to the Earl of Carlisle a 
charter of all the Caribbee Islands, including in the 
enumeration of them that of Barbadoes. This celebrated 
charter, which formed the precedent of all the Proprietary 
charters afterwards issued, was dated 2d of June, 1629.^ 

The next Proprietary charter was that by the same 
monarch in 1630 of Carolina or Carolana to Sir Robert 
Heath. This grant covered all the region lying south 
of Virginia, extending from 31° to 36° of north latitude 
and westward within these parallels across the Continent 

1 Charters and Constitutions — The United States (Poore), 2 vol., 

a Edward's Hist, of West Indies, 1, 323; Poyer's Hist. Barbadoes, 


from ocean to ocean. ^ Dr. Daniel Coxe of New Jersey, 
who claimed this patent through various assignments, 
and who wrote in 1721 a description of the territory 
claimed under the grant, observes that ^^ Carolana and 
Carolina are two distinct tho' bordering Provinces, the 
east of Carolana joyning to the west of Carolina.''* The 
former, he states, " was granted by Patent unto Sir Robert 
Stath in the Beginning of the reign of King Charles I 
which said Sir Robert was the attorney general, and by 
him convey'd to the Earl of Arundel from whom it came 
by mean conveyances unto the present Proprietary."* 
This admission by Coxe, who was claiming under the 
Heath grant that the eastern boundary of Carolana was 
the western boundary of Carolina, was induced doubtless 
to avoid conflict with the colonies established under the 
subsequent grants of 1663 and 1665, which covered the 
same territory, and under which the Proprietors had then 
occupied and held for fifty years. The grant to Heath, 
however, distinctly ran to " the ocean on the East." The 
claims to the province of "Carolana" continued to be 
prosecuted, but limited in this way to the country 
west of the settled portion of Carolina, and embracing the 
Mississippi. Upon the issue of the first charter of Caro- 
lina by Charles II the Heath patent was by order of coun- 
cil, August 12, 1663, declared void because of failure to 

1 Colonial Records of No. Ca.^ vol. I, 6; HUt. Sketches of So, Ca, 
(Rivers), 64. 

* A Description of the English Province of Carolana, by Daniel Coxe, 
1721. For abstract of title see Colonial Records of No. Ca., vol. I, 619. 

Hawks's Hist, of No. Ca., vol. II, 70. Dr. Daniel Coxe was physician 
to the queen of Charles II, and also to Queen Anne, lie was the ancestor 
of Tench Coxe of Philadelphia, the statesman and econouiist, sometimes 
called the father of the growth of American cotton. Dr. Coxe was also 
the principal proprietor of West Jersey. **The Southern States,^* De 
Bows* Review, 


fulfil its conditions, there having been under it but a 
few feeble and unsuccessful attempts at colonization.^ 
Then followed the grant of the charter of Maryland to 
Lord Baltimore, June 20, 1632 ; ^ and of Maine to Sir 
Ferdinando Gorges, April 3, 1639.^ 

There were no charters granted during the existence of 
the Commonwealth in England. Upon the Restoration, 
Charles II rewarded his supporters, the Earl of Clarendon, 
the Duke of Albemarle, Lord Craven, Lord Berkeley, 
Lord Ashley, Sir George Carteret, Sir William Berkeley, 
and Sir John Colleton, by a patent dated March 24, 1663, 
granting them the province of Carolina.* The next year 
he issued a patent to his brother, the Duke of York, after- 
wards James II, giving him the province of Maine and all 
the lands and rivers from the west of the Connecticut River 
to the east side of Delaware Bay, i.e. the States of New 
York and New Jersey ; ^ and immediately dispatched a 
fleet to wrest those lands from the Dutch, who had pos- 
sessed them under the name of the New Netherlands. 
Later, i.e. in 1681, the province of Pennsylvania was 
granted to William Penn, and so named in honor of Ad- 
miral Penn, his father, whose advances of money and 
services were thus requited.^ 

* Chalmers's Pol. Ann. ; Carroirs CollectionSt^oX. IT, 278 ; Hist. Sketches 
of So. Ca. (Rivers), 64. The King and Council declared Heath's charter 
void; but as it had not been legally so adjudged, Coxe's descendants 
obtained a recognition of their rights from the Board of Trade, and 
received from the Crown in 1768, in lieu of their claim to Carolina, 
100,000 acres of land in the interior of New York. See Government of 
the Colony of So. Ca. (Whitney) ; Johns Hopkins University Studiesy 
13 series, l-ll, 24. 

* Charters and Constitutions— The United States (Poore), vol. I, 811, 
»i&id., 774. 

* Ibid., vol. II, 1352 ; Statutes of So. Ca., vol. I, 22. 

* Charters and Constitutions, vol. I, 783. 

* Ibid., 1509. 


As Virginia was the first instance of a charter govern- 
ment, so it was the first of a Royal government. The 
charter of the famous London Company having been de- 
clared forfeited by the Court of King's Bench upon a 
writ of quo warranto in 1624, a Royal government was set 
up in its stead. The Island of Jamaica had been taken 
by the British from the Spaniards during Cromwell's rule. 
Upon the Restoration, Charles II, to conciliate the affec- 
tions of the colonists whose valor had annexed so impor- 
tant an appendage to his dominions, appointed as Governor 
of the island General D'Oyley, to whose exertions the 
possession of Jamaica was chiefly owing. His commission 
was dated 18 February, 1661. By his instructions he was 
to release the island from military subordination, to erect 
courts of judicature, and with the advice of a council, to 
be elected by the inhabitants, to pass laws suitable to the 
exigencies of the colony.^ 

The establishment of a Royal government in Jamaica 
was hailed as a blessing by the people of that island ; but 
far otherwise was it regarded when, in 1663, such a gov- 
ernment was set up in Barbadoes. As this event was not 
without considerable influence upon the colony of Caro- 
lina, we shall have occasion to relate somewhat in detail 
the circumstances which brought it about. For the pres- 
ent it is sufficient to observe that at the time of the 
founding of the province of Carolina the three existing 
Provincial or Royal governments were those of Virginia, 
Jamaica, and Barbadoes. 

The Proprietary charter of Maryland is usually referred 
to as the model of that of Carolina ; ^ but both of these, 
as well as that of the patent of Charles I to the Earl of 

1 Edwards's Hist, of West Indies, vol. I, 171. 

2 Chalmers's Pol Ann.; Carroll, 281; Ilist. Sketches of So, Ca, 
(Rivers), 79. 


Carlisle for the Caribbee Islands, are based upon that of 
Sir Robert Heath of Carolana ; which in its turn followed, 
but enlarged upon, that of the Earl of Marlborough and 
that of Sir Walter Raleigh. This last, the patent to 
Raleigh, which was the first of all the charters, we recol- 
lect authorized and empowered Raleigh, his heirs and 
assigns, to govern and rule by such statutes, laws, and 
ordinances as he should devise, provided always that such 
statutes, laws, and ordinances should be as near as con- 
veniently might be agpreeable to the laws of England. 
Sir Robert was empowered in his government to do like- 
wise, but very important additions and restrictions were 
made to the terms of his grant, and these were followed in 
all subsequent patents. 

''Whereas," declared his Majesty, ''our beloved and faithfull 
subject and servant Sir Robert Heath, Knight, our attorney Grenerall, 
kindled with a certaine laudable and pious desire as well of enlarging 
the Christian religion as our Empire & encreasing the Trade & Com- 
merce of this our kingdom," etc., " we have therefore granted to Sir 
Robert the territory described; And furthermore the patronages 
and advowsons of all churches which shall happen to be built hereafter 
in the said Region Territory & Isles and limitts by the increase of 
the religion & worship of Christ. Together with all & singular these 
& these soe amply Rights Jurisdictions privileges prerogatives 
Royaltyes libertyes immunityes with Royal rights & franchises 
whatsoever as well by sea as by land within that Region Territory 
Isles & limitts aforesaid To have exercise use & enjoy in like man- 
ner as any Bishop of Durham within the Bp'*®*** or County Palatine 
of Durham in our kingdome of England ever heretofore bad held 
used or enjoyed or of right ought or could have hold use or enjoy. 
And by these presents we make create & constitute the same S' Rob- 
ert Heath his heires & assignes true and absolute Lords & Proprietors 
of the Region & Territory aforesaid & all other the premises for us 
our heires & successors saveing alwaies the faith & Allegiance due to 
us our heires & successors," etc.^ 

^ Colonial Records of No. Ca., vol. I, 6, 


The province granted was thus constituted a County 
Palatine with Sir Robert Heath, his heirs and assigns, as 
Lords Proprietors. To understand, therefore, the nature 
of this grant, we must go back to the County Palatine in 
England. They were three of these, — Chester, Durham 
and Lancaster. Counties Palatine are so called, a palatio^^ 
says Blackstone, because the owners thereof, the Earl of 
Chester, the Bishop of Durham, and the Duke of Lancas- 
ter, had in these counties ^wra regalia as fully as the King 
hath in his palace regalem potestatem in omnibus as Brae- 
ton expresses it. They might pardon treasons, murders, 
and felonies, they appointed all judges and justices of the 
peace, all writs and indictments ran in their names as in 
other counties in the King's name, and all offences were 
said to be done against their peace, and not, as in other 
places, contra pacem domini regis. These palatine privi- 
leges were in all probability, observes this author, origi- 
nally granted to the counties of Chester and Durham 
because they bordered upon inimical countries, Wales and 
Scotland, in order that the inhabitants having justice 
administered at home might not be obliged to go out of 
the county and leave it open to the enemy's incursions ; 
and that the owners being encouraged by so large an 
authority might be the more watchful in its defence. ^ 

Of the three, the County of Durham was the only pala- 
tine remaining when King Charles made his grant to Sir 
Robert Heath — and upon that model was the proposed 
govermnent of Carolana. It was to be a viceregal one. 
But other important qualifications were prescribed. 

1 The term " Palatine," from Comes Palatii^ count of the palace, is a 
title formerly given to some great dignitary of the Royal household. It 
thus became the title of a governor of some local district with the 
authority and privileges of Vice Royalty ; in England the County of 
Durham is a County Palatine. 1 Statutes^ 42. 

2 Blackstone's Com., vol. I, 117. 


Raleigh had been empowered to make such statutes, laws, 
and ordinances as he deemed best ; Heath's power was 
encumbered with a proviso. His laws must receive the 
assent of the people. He was empowered 

** to forme, make, & enact, & publish . . . what lawes souer may 
conceme the publicke state of the said province or the private profitt 
of all according to the wholesome directions of & with the counsell 
assent §• approbation of the Freeholders of the same Province or the 
Major part of them who when §• as often as need shall require shall by 
the aforesaid -S*" Robert Heath his Heires Sf Assignes Sf in that forme 
which to him or them shall seem best, be called together to make lawes & 
those to be for all men within the said Province," ect* 

To this, however, was added another proviso found also 
in subsequent charters, which enabled the Proprietors 
upon emergencies to dispense with the advice of the 

" And because in the government of soe great a Province sudden 
chances many times happen to which it will be necessary to apply a 
remedy before that the Freeholders of the sayd province can be called 
together to make lawes, neither will it be convenient upon a continued 
title in an emergent occassion to gather together soe great a people 
therefore." Sir Robert and his heirs and assigns it was declared, 
" shall & may have power from time to time to make & constitute 
wholesome and convenient Ordinances within the Province aforesaid 
. . . which Ordinances we will that they be inviolably observed 
within the sayd Province under the paines expressed in them, soe as 
the sayd Ordinances be consonant to Reason & not repugnant nor 
contrary but (as conveniently may be done) consonant to the laws, 
statutes, & rights of our Realme of England as is aforesaid soe alsoe 
that the same Ordinances extend not themselves against the right or 
interest of any person or persons or to distrayne, bind or burden in 
or upon his freehold goods or chattels or to be received anywhere 
than in the same Province or the Isles aforesay'd." * 

There was also this peculiar provision which was fol- 
lowed in the charters of Maryland and Carolina: — 

1 Colonial Records of No. Ca.^ vol. I, 8. 

2 Ibid., vol. I, 8, 9. 


'* Furthermore least the way to Honours & Dignityes may seem to 
be shutt & altogether barr'd up to men honestly borne & are willing 
to undertake this present expedition & are desirous in soe remote and 
far distant a Region to deserve well of us & of our kingdomes in 
peace & warre for that doe for ourselves our heires & successora give 
full & free power to the forsayd S'- Robert Heath, Knight, his heires 
& assignes to confere favours, graces & honours upon those well deserv- 
ing citizens thai inhabit within the forsayd province & the same with 
whatever titles & dignityes (provided they be not the same as are 
now used in England) to adorne at his pleasure," ^ etc. 

With these precedents before him, Charles II proceeded 
to reward the friends who had stood by him in his adver- 
sity. It is well to recall who these were. 

The Earl of Clarendon had been his companion and 
counsellor, in exile, and after Cromwell's death had mate- 
rially contributed to the reestablishnient of the monarchy. 
His daughter was subsequently married to the Duke of 
York, afterwards James II, and their children Mary and 
Anne became Queens of England. The history of this great 
man is too well known to need any extended notice here. 

George, Duke of Albemarle, Master of the Horse, and 
Captain General of the Forces, was the famous General 
George Monk. No single person deserved more the title 
of the Restorer of the King, than he. His history is also 
well known. 

William, Earl Craven, was an elderly man who had been 
distinguished in love and war thirty years before, who 
had led the forlorn hope at Crentznach with such courage 
that he had been patted on the shoulder by the great 
Gustavus, and who was believed to have won from a 
thousand rivals the heart of the unfortunate Queen of 
Bohemia.^ He had been elevated to the peerage by 
Charles I, and having afterwards during the civil wars 

* Colonial Records of No. Ca., vol. I, 11. 
« Macaulay's Hist, of England, IV, 42. 


zealously and ably espoused the Royal cause, had been, 
upon the Restoration, created Earl.^ For twenty odd 
years more, he was to serve the Stuarts and to be last to 
stand by that family. He was to survive all the other 

John, Lord Berkeley, like Craven, had long been in the 
service of the Royal family. He had been knighted in 
1638, by Charles I, and upon the breaking out of the 
rebellion, had been one of those very good officers (as 
Lord Clarendon calls them) who were ordered to form 
an army in the west. In the King's service he had 
achieved great successes. He had stood so high in *the 
estimation of the Queen, that her Majesty had selected 
the city of Exeter under his protection as the birthplace of 
the Princess Henrietta Maria ; and had especially recom- 
mended '*^Jack Berkeley" to the favor of her Royal 
husband. He had been employed in the endeavor to 
negotiate terms for the unfortunate Charles. During the 
Commonwealth, Sir John remained in exile with the 
Royal family. Upon the restoration of the monarchy 
his Lordship was sworn of the Privy Council.^ 

Anthony Ashley Cooper, Lord Ashley (after whom the 
Cooper and Ashley rivers have been named), had been 
particularly recommended to Charles II by General 
Monk, as a person well fitted to be one of his council. 
Although regarded as a politician who had espoused the 
cause of monarchy, then of the Parliament, and then of 
monarchy, as it suited his ambition, yet he long retained 
the favor and confidence of the King, and by his distin- 
guished abilities became Chancellor of England, and was 
made Earl of Shaftesbury. He was again to forfeit the 
Royal confidence, and to die in exile. He was the con- 
stant friend and patron of the philosopher Locke, to whom 
1 Burke's Peerage, a /j^. 


was committed the framing of the fimdamental laws for 
the govermnent of Carolina. This nobleman was most 
influential in the early policy of Carolina. 

Sir George Carteret had been a naval officer of the 
highest reputation and of great influence. He had 
retired from the navy, and withdrawn with his family 
to Jersey, but returned to the aid of the Royalists, and 
was made a baronet by King Charles, May 9, 1645. He 
was Governor of Jersey when ruin befell the Royal cause, 
and afforded there an asylum to the Prince of Wales, the 
Earl of Clarendon, and other refugees. He afterwards 
defended the island in the most gallant manner against 
the Parliamentarians, and surrendered ultimately only 
upon receiving the command of King Charles II so to do. 
Elizabeth Castle, in the Island of Jersey, was the last 
fortress that lowered the Royal banner. He was also of 
the Privy Council.^ 

Sir John Colleton had been a captain of foot and a 
most active partisan of royalty in the beginning of the 
civil wars. Receiving from Lord Berkeley a colonel's 
commission to raise a regiment for his army in the west, 
he succeeded in doing so in ten days, and expended for 
the King's service £40,000 besides losing considerably 
more than that sum by sequestration. After the success 
of the parliamentary forces he retired to Barbadoes. There 
he still maintained the Royal cause, and upon the Restora- 
tion, with twelve other gentlemen of that island, among 
them Sir John Yeamans, who with him was to take an 
active part in the early settlement of Carolina, secured 
the dignity of knighthood.^ 

Sir William Berkeley, brother of Lord Berkeley, was for 
many years the able and loyal Governor of Virginia. He 

1 Clarendon's Hist, of the Bebellion, vol. II, 834. 
* Burke's Peerage; Foyer's Barbadoes, 76. 

tbe cai25e of Cb^rle^ I aigaiztst the Pariament, 
TtfusKd lo hold o&cjt aoder C7\>mweIL and indiioed the 
C0I021T l<l«ilir 10 adbefe to Cb^riefr II as their aoTereign 
wh£jc Le vas in exile and at a time when the power of 
Parliameiit was sopreme. In rememhranee (rf this the 
Kin^ i» "said to hare worn at his eorooatioQ a robe of 
Virginia $UkA 

The [intent to these faTorites of the King began with 
the usual declaration as to the motives €4 the grant ; tie. 
that the grantees were incited bj a laodaUe and jhoqs 
design of propagating the Christian religion and the 
enlargement of the English empire and dominion. 

To carry ont these pions and patriotic views, the gran- 
tees were given **all that territory, or tract of groond 
called Carolina scituate, lying, and being within oar do- 
minions of America, ei^ending from the north end of the 
Island called Lucke Island* which lieth in the Southern 
Virginia seas, and within six and thirty degrees of the 
north latitude and to the west as far as the South Seas and 
so southerly as far as the River Matthias which bordereth 
upon the coast of Florida, and within thirty-one degrees 
northern latitude and so west in a direct line as far as 
the South Seas aforesaid." ^ This territory with all that it 
contained, the grantees were *'to have, use, and enjoy, 
and in as ample a manner as any Bishop of Durham in 
our kingdom of England ever heretofore held used or 
enjoyed or of right or could, have, use or enjoy.''* 

The province of Carolina was thus constituted, as its 
predecessor of Carolana had been, a County Palatine, and 

1 Hist. Sketches of So. Crt., 04, note ; Cooke's Virginiaj Am, Cam- 
monwealth Serifs, 182-192 ; Genesis of the United States (Alexander 
Brown), 327, 328. 

2 Statutes of So. Ca., vol. I, 22 ; Colonial Eecords of Xo. Co,, vol. I, 
102 ; Charters and Constitutions— J%e United StaUs, vol. II, 1882. 


t7Kt>fiit TMB t»ROt»RtBtAtlT (3K)VBRNM«NT 66 

as Sir Robert Heath had been, the grantees too were con- 
stituted Lords Proprietors. Like him they were author- 
ized to make any law " according to their best discretion 
of and with the advice assent and approbation of the Free- 
men of the said Province or of the greater part of them or of 
their delegates or deputies^^^ whom for the purpose of enact- 
ing laws the Lords Proprietors should ''''from time to time 
assemble in such manner and form as to them should seem 
best.^'^ This most important provision, common also to 
the charters of the Earl of Carlisle and of Lord Baltimore, 
^ihough subject, as we shall see, to evasion, saved the prov- 
ince of Carolina from the impositions of the absurd Fun- 
damental Constitutions of Locke. Like Sir Robert Heath, 
the grantees under this charter were empowered upon 
sudden occasions without awaiting the assent of the free- 
men to make orders and ordinances for the keeping of 
peace and better government of the people, provided that 
such ordinances should be reasonable and not repugnant 
to the laws of England ; but strange to say, while the 
Carlisle patent forbade any such temporary law to affect 
either the liberty or the property of the citizen without 
the assent of the freemen assembled, and while the Balti- 
more patent went further, and declared that such laws 
must not extend to limit, restrict, or do away with the 
right or interest of any person in limb^ life^ freehold, or 
chattels, the Carolina charter protected neither life, limb, 
nor liberty ; it forbade only that such ordinances should 
extend " to the binding, charging, or taking away of the 
right or interest of any person or persons in their free- 
hold goods or chattels whatsoever." ^ 

1 Statutes of So. Ca., vol. I, 24 ; Colonial Records of No. Ca.^ vol. I, 
23; Charters and Constitutions (Poore), vol. 11, 1384. 

* Colonial Records of No. Ca., vol. I, 26 ; Charters and Constitutions, 
vol. II, 1385 ; Statutes of So. Ca., vol. I, 26. 


Not to encumber these pages with tracing further the 
similarity in the provisions of the three charters, we confine 
ourselves to those of the Carolina patent. It was expressly 
enjoined that the province of Carolina should be of his 
Majesty's allegiance and that all subjects who should be 
transported into the province, and the children born there, 
should be denizens and lieges of the Kingdom of England. 
License was given the Proprietors and the colonists to trade 
with the natives and to transport into the province goods, 
wares, and merchandise, and all things necessary for food 
and clothing without let or hindrance, saving the customs 
and duties due according to the several rates of the places 
from whence the same should be transported. They were 
also licensed to bring into any of his Majesty's dominions 
certain specified articles : silks, wines, currants, raisins, 
capers, wax, oil, and olives, without paying any custom 
import or duty therefor for seven years from the first 
importation of four tons of any of the said goods ; and to 
export therefrom custom free all sorts of tools which should 
be useful or necessary for the planters there. 

The Lords Proprietors were authorized to establish ports 
of entry and to assess and impose customs and subsidies 
for the goods imported. They were authorized to build 
forts, castles, cities, and towns, and to appoint governors, 
magistrates, sheriffs, and other officers, civil and military ; 
to grant charters of incorporation and erect markets and 
marts and fairs and to hold courts baron. They were given 
power to make war and pursue their enemies ; to exercise 
martial law in case of rebellion, tumult, or sedition. It 
was expressly stipulated that the inhabitants should not 
be compelled to appear or answer to any suit or plaint in 
any place out of the province other than in England or 

The Proprietors were granted the patronage and advow- 


sons of all churches and chapels whicli, as the Christian 
religion should increase, might be erected, together with 
the license and power to build and found churches, 
chapels, and oratories, and to cause them to be dedi- 
cated and consecrated according to the ecclesiastical laws 
of England. These powers they were to use and enjoy 
in the same manner as the Bishop of Durham exercised 
his in England. 

The Churcli of England was thus established in the 
province : but as in the state of religious controversy 
which prevailed at the time it was expected that many 
dissenters would seek the new colony if liberty of con- 
science was protected, the charter went on to provide that 
" because it might happen that some of the people of the 
Province could not in their private opinions conform 
to the publick exercise of religion according to the 
liturgy form and ceremonies of the Church of England or 
take and subscribe the oaths and articles made and estab- 
lished in that behalf," the Lords Proprietors should have 
full liberty and authorit}' to grant to such persons " who 
really in their judgments and for conscience sake cannot 
or shall not conform to the said liturgies and ceremonies 
and take and subscribe the oaths and articles . . . such 
indulgencies and dispensations as in their discretion they 
might see fit and reasonable." 

But the feature for which this charter is best known 
is that which follows the charter of Sir Robert Heath, and 
is found also in Lord Baltimore's patent. It declares that 
*'*' because man 1/ persons born or inhabiting in the said Prov- 
ince for their deserts and services may expect and be capable 
of marks of honour and favour which in respect of the great 
distance can not be conveniently conferred ^^ by his Majesty, 
it was the Rojal pleasure to give to the proprietors full 
power and authority, '* to give . . . and confer upon such 



of the inhabitants of the Province as they should think to 
merit the same, such marks of favour and titles of honour 
as they should think fit so as these titles of honour be not 
the same as are enjoyed by or conferred upon any subjects 
of this our Kingdom of England."^ 

Such was the first charter of Carolina. It attempted 
to establish a miniature government like to that of Eng- 
land, with the Lords Proprietors representing the Royal 
authority and possessing the viceregal powers and author- 
ities of a Palatine ; an aristocracy to correspond with that 
of the mother country and a House of Commons to be 
elected by the freemen. 

It happened that just at this time complications growing 
originally out of the claim of the Earl of Marlborough to 
the Island of Barbadoes as antecedent to the Carlisle pat- 
ent, but afterwards becoming involved in controversies fol- 
lowing the civil war, and disasters by hurricanes and other 
causes, culminated in loss to that colony but to the great 
assistance in the settlement of Carolina. The influence 
which this Barbadian element had upon the settlement of 
Carolina renders a brief allusion to the causes of this emi- 
gration interesting, if not necessary, to any historic account 
of its development. 

During the first stages of the civil war in England, 
Barbadoes had been an asylum for both the Royalists and 
the Parliamentarians who sought to avoid the contest at 
home, and emigration from the mother country to this 
island during the commotions in England was very great. 
These refugees planted themselves without the license of 
any one, and the Governor for the time being granted lands 
to all who applied on receiving a gratuity to himself. 
The Royalists at this time formed by far the most consid- 

^ Statutes of So. Ca., vol. I, 28 ; Charters and Constitutions (Poore), 
vol. II, 1387 ; Colonial Records of No. Ca., vol. I, 29. 


erable part of the people ; but the two parties mutually 
agreed to avoid all political controversy and live together 
on terms of reciprocal friendship and good will. This 
happy condition of things, however, could not last ; the 
fierce strife at home soon extended to the West Indies ; 
Barbadoes became the scene of civil war and was for a time 
reduced by the parliamentary forces. On the reestablish- 
ment of the Royal authority his Majesty, as we have said, 
honored thirteen gentlemen of Barbadoes with the dig- 
nity of baronetage for their loyalty and sufferings during 
the civil war.^ Among these were two whose names are 
associated with the early history of Carolina, — Sir John 
Colleton and Sir John Yeamans.^ Of Sir John Colleton 
we have already spoken. Sii* John Yearaans was the 
eldest son and heir of Robert Yeamans, alderman of 
Bristol, who was imprisoned and executed in 1643 by 
order of Nathaniel Fiennes, son of Lord Saye, who had 
been appointed Governor of Bristol by the Parliament. 

But while conferring these empty titles, the King turned 
a deaf ear to the planters who had loyally stood by him in 
the time of his need and whose estates were now called 
in question. The controversy in regard to the conflicting 
claims of the Earls of Marlborough and Carlisle was again 
renewed. In vain the planters pleaded to his Majesty 
that they, his loyal subjects, had repaired to Barbadoes as 
to a desolate place and had by their industry obtained a 
livelihood ; that if they should now be left to ransom them- 
selves and compound for their estate, they must leave the 
country and the plantations which yielded his Majesty so 
great a revenue. To no such appeals did Charles the 
Second ever listen. Between the several claimants there 
was an opportunity for raising a revenue for himself, and 

1 Lecky*8 Eighteenth Century, vol. II, 23. 

« Foyer's Hist, of Barbadoes^ 76 ; Hewatt's Hist, of So. Ca., vol. I, 52. 


this became the only aim of the King's ministers. A 
permanent and irrevocable revenue of four and a half per 
cent on the produce of the island was levied, to be applied 
towards the satisfaction of the claims arising under the 
Carlisle and Marlborough patents and then to be placed 
at the disposal of the crown. 

The planters of Barbadoes were deeply offended at this 
treatment. Many of them had been obliged to quit their 
native country because of their support of the Royal 
cause ; yet in this settlement they perceived a regard for 
every interest concerned but their own. 

While the Parliamentarians had been in the ascendant, 
they had passed the famous act which laid the foundation 
of the navigation system to which Great Britain is chiefly 
indebted for her opulence and maritime strength, but 
which was to have an inimical effect upon the American 
colonies and a great influence in estranging them from 
the mother country. This act, which prohibited any for- 
eign nation from trading with any of the English planta- 
tions without a license from the Council of State, fell with 
great severity upon the sugar colonies, against which it 
was indeed chiefly aimed, and was regarded as a chastise- 
ment inflicted on them by the Commonwealth for their 
loyalty to Charles. The colonists of the Sugar islands 
were filled with amazement and indignation on finding the 
provisions confirmed upon the restoration of that monarch. 
Cromwell had put an end to their foreign trade, and now 
Charles was taxing them out of their estates. Many 
plantera determined to leave Barbadoes, and they turned 
to the proposed colony in Carolina. 

On the 10th of June, 1663, Sir John Colleton, then in 
London, addressed a communication to the Duke of Al- 
bemarle, stating that divers people desired to settle and 
plant his Majesty's province of Carolina under the patent 


granted, but that one Mr. Mariot, steward to the Duke of 
Norfolk, had set up a claim grounded upon the patent to 
Sir Robert Heath. 

This, he says, "will certainly hinder that publique worke 
which is intended by the settlement and planting of Caro- 
lina for the persons that at present designe thither expect 
liberty of conscience and without that will not goe w** by 
the patent to S' Robert Heath cannot bee granted them 
and they cannot settle under the patent least the other 
gentlemen shall give them trouble or disturbance — so 
that there is a necessity of the present removall of that 
obstacle which is humblie left to the consideracon of yof 
Grace and the noble persons concern'd."^ 

Upon this, on the 12th, the Privy Council ordered that 
his Majesty's Attorney General should proceed either by 
inquisition or scire facias to revoke all former grants of 
the province ; and that in future a clause should be 
inserted in all grants, that if within a certain number 
of years no settlement was made, the grant should 
become void.* 

While Sir John Colleton was thus removing the obsta- 
cle presented by the claims under Sii* Robert Heath's 
grants. Colonel Modiford, who had been Governor of Bar- 
badoes, and Peter Colleton, were preparing and submit- 
ting proposals for the settlement of a Barbadian colony 
in the province. Without waiting for the acceptance of 
their proposals, they sent out an expedition in the ship 
Adventurer^ Captain Hilton, to explore the coast of Caro- 
lina. The expedition sailed from Spekes Bay, Barbadoes, 
August 10, 1663. On Thursday, 3d September, Hilton 
entered a harbor, " and found that it was the River Jordan^ 
and was but four Leagues or thereabouts N-E from Port 
Royal, which by the Spanyards is called St Ellens; within 
1 Colonial Becords of No. Ca., vol. I, 34. » /5,vj.^ 42. 


land both Rivers meet in one." This was doubtless the 
Broad River. There the expedition remained some days, 
endeavoring to rescue a party of Englishmen who, they 
learned from the Indians, were held on shore by the 
Spaniards. Failing in this, Hilton sailed to the Cape 
Fear, and after remaining there exploring the country he 
returned to Barbadoes on the 6th of January, 1668-64. 
His Relation of his voyage and discoveries was published 
in London in 1664.^ The Proprietors, however, did not 
accept the proposals as made by Colonel Modiford and 
Peter Colleton, under whose auspices the expedition was 
made, and nothing came of this attempt at a settlement 
of the new province. Modiford turned his attention to 
Jamaica, where he settled with his large fortune, and 
found an ample field for the employment of his capital, 
talents, and industry. ^ 

1 Year Book City of Charleston, 1884 (Courtenay), 227. 

2 Foyer's Hist, of Barbadoes, 68. 



As early as 1660 a company from Massachusetts had 
found their way to the Cape Fear, then known as Charles 
River, and planted themselves on its borders. These 
men were merely adventurers, who came under no 
authority, and claimed under no grant. They made some 
slight examination of the country near the mouth of the 
river only, and determined to occupy it for the purpose 
of rearing cattle. An effort was made to secure the co- 
operation of some of their friends in England in bearing 
the expense, and some individuals residing in London 
were induced on their representation "to share in the 
enterprise." The larger portion of the company, however, 
was composed of New England men. It is not certainly 
known how long these adventurers remained ; but they 
had abandoned the country before Hilton's arrival, and 
left a writing upon a post to the disparagement of the 
land and to the discouragement of all those that there- 
after should come to settle there. ^ 

The Lords Proprietors in May, 1663, met to devise their 
plans. The first measure adopted was that of a contribu- 
tion of funds in the nature of a joint stock company for the 
transportation of colonists. Their second was the issu- 

1 Hawks's JSiat. of No. Ca., vol. II, 73 ; Hilton's Voyage; Year Book 
Charleston (Courtenay), 1864, 249; A New Voyage to Carolina (Law- 
son, 1709), 78. 



ing of proposals upon the most liberal terms to encour- 
age emigration to their territory. Publicity was given 
to these proposals, not only to obtain colonists under their 
charter, but also to counteract and warn the public against 
other proposals made in London by the New England ad- 
venturers, claiming title by occupancy — a singular claim, 
truly, for those who had not only abandoned the lands to 
which they had never had any legal rights, but had taken 
the pains to warn all others of their worthlessness. The 
Proprietors also took care to send to every one in London 
connected with the New England company copies of both 
the proposals purporting to have been made in the name 
of that company and of their own. A cautious reply was 
made by the New Englanders, which neither admitted nor 
denied the title of the Proprietors, but confessed their own 
abandonment of the country. 

It now behooved the Proprietors, under the rule they 
themselves had had laid down by the Privy Council, to show 
some effort to settle the great domain granted them, and 
in order " that the King may see that wee sleepe not with 
his grants," ^ they sent a commission to Sir William Berke- 
ley, one of their number, then Governor of Virginia, con- 
stituting him Governor also of "All that Terrytory or tract 
of ground now called the Province of Carolina syctuate 
lyeing, and being within his Majestys Dominion in Amer- 
ica extending from the north end of the Island called 
Lucke Island which lyeth on the Southern Virginia Seas 
and within 36 degrees of Northern Lattitude and to the 
west as far as the south seas aforesaid ; " ^ that is, the terri- 
tory between Virginia and Albemarle Sound, and which 
was by subsequent instruction to Drummond, the succes- 
sor of Berkeley, to contain 1600 square miles — Albemarle 

1 Colonial Records of No. Ca.^ vol. I, 65. 
a Ibid., vol. I, 48. 


County. They also determined at this time to lay oflf an- 
other county, — that of Clarendon ; so on the Ist of Novem- 
ber, 1664, Robert Samford (Sandford) was commissioned 
Secretary and Chief Register of the County of Clarendon, 
and on the 24th John Vassal was commissioned the Gov- 
ernor General,^ — but its boundaries were not defined. 

Sir John Yeamans had been in negotiation with the 
Proprietors, through his son Major William Yeamans, on 
behalf of himself and some eighty-odd other Barbadians, 
which resulted in the execution of an agreement on the 
7th of January, 1664-65, entitled " The concession and 
agreements of the Lords Proprietors of the Province of 
Carolina to and with the adventurers of the Island of Bar- 
badoes and their associates of England, New England, the 
Carribbia Islands and Barmothos^ to the Province of Caro- 
lina and all that shall plant there. In order to the settling 
and planting of the countye of Clarendine, the county of 
Albemarle and the county of . . . . which latter is to be 
to the southward and westward of Cape Romania all 
within the Province aforesaid."^ 

These concessions constituted a very elaborate system of 
government for the proposed colony, and in pursuance of 
the agreement Sir John Yeamans was on the 11th of Jan- 
uary commissioned Governor of the " County of Clarendon 
near Cape Faire and of all that tract of ground which 
lyeth southerlyas farr as the River St Mathias which bor- 
derth upon coast of Florida within 31 degrees northern lat- 
titude and so west as farr as the South Seas as also all 
Islands and Islets Rivers and Seas within the said bounds, 
and our said Province of Carolina. With power to nomi- 
nate appojTit and take to you 12 able men at most, 6 at 

1 Colonial Records of No. Ca., vol. I, 72, 73. 

• Bermuda *• still vexed Bermoothes." The Tempest^ 1-2. 

• Colonial Records of No. Ca., vol. I, Prefatory Notes xiv, 76-92. 


least to be of your councile or assistance or any even 
number between 6 and 12 unless we have before made 
choyce or shall chuse all or any of them." Yeamans was 
also made Lieutenant General of the county and tract of 
ground aforesaid.i 

By a memorandum at the time, it was agreed that al- 
though the County of Clarendon and all the tract of 
ground as far as the River St. Matthias and west as far 
as the South Seas was to be for the present under Sir 
John Yeamans, "yit notwithstanding it is ment and in- 
tended that that part of it which is about to be settled to 
the southward and westward of Cape Romania be a dis- 
tinkt Government from the county of Clarendon, and that 
their be a distinkt deputy Governor for the present and 
that it be called the county of Craven, and as soon as it 
shall be settled by the said Sir John Yeamans or any 
other that there be a distinkt Governor commisionated to 
govern there." ^ 

Some doubts, as we have seen, still lingered in regard 
to the titles under Sir Robert Heath's patent, and it was 
doubtless to settle these, as well as to enlarge the extent 
of the territory in America which England was disposed 
to claim, that a second charter was granted to the same 
noblemen on the 13th of June, 1665. The grant to Sir 
Robert Heath, which had not been formally declared for- 
feited at the time of the first charter of the present Pro- 
prietors in 1663, had now been so declared by the King in 
council, and it was deemed safest therefore for the pres- 
ent Proprietors to obtain another, dat^d subsequently to 
that declaration. The limits of the province were now' 
enlarged to 29° in the south, instead of to the River St. 
Matthias (St. John's) and 36'' 30" on the north, includ- 

1 Colonial Records of No. Ca., vol. I, 97. 

2 Ibid.j vol. I, 93. 



ing all within these parallels from the Atlantic to the 
" South Seas " ^ (Pacific) ; that is, besides the present State 
of South Carolina, the States of North Carolina, Tennessee, 
Georgia, Alabama, Mississippi, Arkansas, Louisiana, and 
Texas, the Indian Territory, New Mexico, Arizona, and 
the lower part of the State of California ; a region which 
has in a great measure been peopled from the colony 
established under this charter, and governed by the politi- 
cal ideas emanating from the point of settlement at the 
junction of Kiawha and Wando rivers — the city by the 
sea — a region which, it will be observed, is almost coinci- 
dent with the territory of the Confederate States in the 
War of Secession. 

Rivers points out other differences between the charter 
of 1663 and that of 1665. In the first the territory was>/ 
spoken of as one province. In the second, authority was v 
given to subdivide it into counties, baronies, and colonies 
with separate and distinct jurisdictions, liberties, and 

There is also some change in the terms of the clause 
requiring the assent of the freemen to the enactment of 
laws. In the first charter it was provided that all laws w 
should be made " with the advice assent and approbation 
of the freemen of the said province.^' ^ In the second it was 

1 Ist Statute, 32 ; Colonial Records of No. Ca., vol. I, 102. 

* The term "province" is defined to be "an out country governed by 
a Deputy or Lieutenant" (Jacob's Law Dictionary), and it has been said 
that the term is only properly applied to territories over which Governors 
were appointed by the King; and that the term "colonies" is properly 
applicable only to those in which the Governor was elected by the inhabi- 
*tant8. Government of the Colony of So. Ca. (Whitney) ; Johns Hopkins 
University, 13 series, 1-11, 22. But the terms " province " and " colony " 
are used convertibly throughout the Statutes of the Proprietary Govern- 
ment of South Carolina. More strictly speaking, it was the province of 
Carolina, and the colonies on the Ashley and at Albemarie, and after- 
wards the colonies of North and South Carolina. 


made to read " by and with the advice assent and appro- 
bation of the freemen of the said province or territory or 
of the freemen of the county harony or colony for which 
Buch laws or constitutions shall be made or the greater part of 
them.^^ The intention of this was no doubt to allow the 
establishment of several colonies in the territory granted, 
but in doing so to secure the assent of the freemen of any 
such separate colony to the particular laws as a prerequi- 
site to their enactment. 

Another modification was in the article in regard to 
^religion. In the first charter the Proprietors were given 
power to grant indulgences and dispensations to such 
persons who really in their judgment and for conscience' 
sake could not conform to the liturgy and ceremonies of 
the Church of England. Sir John Colleton in his com- 
munication to the Duke of Albemarle had intimated that 
the adventurers from Barbadoes expected something more 
explicit on this point ; and some modification was now 
made, but it was very indefinite, and still left the exten- 
sion of indulgences to the Proprietors. *' And because,'' 
said the new charter,^ " it may happen that some of the 
people and inhabitants of the said Province cannot in 
their private opinions conform to the publick exercise of 
religion according to the liturgy form and ceremonies of 
the church of England or take and subscribe the oaths 
and articles made in that behalf, and for that the same 
by reason of the remote distances of those places will as we 
hope be no breach of the unity and conformity established 
in this nation," it therefore granted to the Proprietors 
" full and free licence liberty and authority by such ways 
and means as they shall think fit to give and grant unto 
such person or persons inhabiting and being within the 
said province or territory . . . such indulgences and 

1 Statutes of So. Ca., vol. I, 40. 


dispensations'' as the Proprietors " shall in their discretion 
think fit and reasonable, and that no person or persons 
unto whom such liberty shall be given shall be in any way 
molested punished disquieted or called in question for 
any difference in opinion or practice in matters of religious 
concernment who do not actually disturb the civil peace 
of the province county or colony that they shall make 
their abode in ; but all and every such person or persons," 
that is, such person as the Proprietors should indulge, ^^ may 
from time to time and at all times freely and quietly have 
and enjoy his or their judgments and consciences in mat- 
ters of religion throughout the said province or colony, 
they behaving peaceably and not using this liberty to 
licentiousness nor to the civil injury or outward disturhr 
ance of others." This second charter thus did nothing 
more than grant to the Proprietors the right and power to 
use their own discretion in the matter of religious liberty. 
It of itself granted to no inhabitant indulgences or disperP 
sations or guaranteed religious liberty. It turned this 
great matter over to the Proj)rietors, guaranteeing only to 
them the power to act in regard to it. 

Sir John Yeamans, on the 11th of January, 1664-65,^ had 
been commissioned as Governor of the County of Claren- 
don and of all the territory as far as Florida. Under the 
commission a company "of adventurers for Carolina" 
was organized at Barbadoes, the members of which were 
to be entitled to 500 acres for every 1000 pounds of Mus- 
covado sugar contributed. 2 In October following Yea- 

* Throaghout the Proprietary Government, and indeed until 1762, for 
the months of January and February, and to the 24th of March, dates are 
thus given, the alteration in the calendar which formed what is usually 
called the old and the new styles not having been adopted in England 
until 1752, by aid of Parliament of 1751. See note to page 84, Statutes of 
So. Ca.<, vol. II. 

^ See the form of receipt given for the sugar, and claim for the land. 


mans sailed from Barbadoes with his company in a " Fly 
boate of about 150 Tonns accompayned by a small Friggate 
of his owne and a Sloope purchased by a common purse 
for the service of the Colonyes." ^ These small vessels 
were soon separated at sea by a great storm, but were 
brought together again in the beginning of November 
and cast anchor before the mouth of Charles (Cape Fear) 
River, near Cape Fear, in the County of Clarendon. 
Upon entering the river the fly boat went aground and 
was wrecked. No life was lost, but the greater part of 
their provisions, victuals, clothes, and of the arms and 
ammunition furnished by the Lords Proprietors for the 
designed settlement was swept away in the waters. 

The coiist of Carolina from Cape Fear to St. Augustine 
was doubtless well known to the Spaniards, and still 
better to the pirates of all nations, who infested it and 
found shelter in its numerous bays and inlets. Its princi- 
pal points were all named by the Spaniards. The first 
point south of Cape Fear was called Cape Romano. The 
bay into which the Kiawha and the Wando emptied was 
St. George's Bay. Then came St. Ellen's Sound and Port 
Royal, the River Jordan, the Savannah, and St. Matthias 
(the St. John's). Between the Indians on the coast and the 
Spaniards in Florida, there was close and more or less 
friendly intercourse. But the coast and country now 
included in the grant to the Proprietors were entirely 
unknown to Sir John Yeamans and his party. Upon 
arriving at Cape Fear, Yeamans's first purpose was there- 
fore the examination and exploration of the country. 
For this purpose his intention was to repair the frigate, 
which, together with the sloop, had got safely into the 

DaIcho*B Church Hist.j 14, in which Yeamans styles himself Lieutenant 
General and Governor of the Province of Carolina. 
* Colonial Records of No. Ca.<, vol. I, 119. 


river, and to send her back to Barbadoes while he with 
Sandford, who had been appointed Clerk and Register of 
the new county, and who accompanied the expedition, 
and some other gentlemen of the party who offered to 
join them, proceeded upon a voyage of discovery to the 
southward. The great necessities of the colony, however, 
demanded that the sloop should first be sent to Virginia 
for supplies, and Sir John, permitting it to go, returned 
himself to Barbadoes in his frigate. The purpose of an 
exploration for the site of a southern settlement was not, 
however, abandoned. He left Sandford to carry it out, 
directing him to employ for the purpose either the sloop 
upon her return from Virginia, if in a fit condition for 
the purpose, or to hire a vessel of Captain Edward Stan- 
yon, then in the harbor, bound for Barbadoes upon her 
return, whichever should first happen, and for this 
purpose he left also a commission for Sandford putting 
him in command of the expedition. 

The sloop upon her return from Virginia was found 
unfit for the service. Captain Stanyon, in returning 
from Barbadoes, became demented, leaped into the sea, 
and was lost. His little vessel was, however, by a 
miraculous providence brought safely into port, and 
Sandford had now a vessel with which to undertake 
the expedition. Its burden, however, scarce exceeded 
fifteen tons. 

Happily, Sandford has left us a most admirable account 
of the voyage, so clear in its statement that we may follow 
him and his company from point to point as he describes 
in quaint style the country, with its vast expanse of 
green marsh resembling a rich prairie, its broad and 
noble arms of the sea, rivers, and innumerable creeks 
fringed with oak and cedar and myrtle and jasmine — 
all now so familiar to us — as it appeared when first 


visited by those who proposed to make this new country 
their home.^ 

On the 14th of June, 16fi6, near six months after the 
date of his commission, Sandf ord entered on his charge and 
on the 16th left Charles River in the Cape Fear, and sailed 
along the coast. He was accompanied by Captain George 
Cary, Lieutenant Samuel Hardy, Lieutenant Joseph 
Woory, Ensign Henry Brayne, Ensign Richard Abrahall, 
Mr. Thomas Giles, and several others to the number of 
seventeen besides himself. He took with him a small 
shallop of some three tons, belonging to the Lords Pro- 
prietors, in which he placed Ensign Henry Brayne, of some 
experience in sea matters. The shallop parted company 
with Sandford's vessel on the night of the 19th, it being 
very cloudy and dark. 

On the 22d Sandford made land, and entered a fair 
river, and sailing up about four or five miles he came to 
anchor, when a canoe with two Indians approached. The 
Indians came aboard Sandford's vessel and informed him 
that this was the country of Edistoh, and that the chief 
town or seat of the Cacique was on the western shore 
somewhat lower down towards the sea, from which he 
supposed this to be the same river that Hilton had men- 
tioned as the River Grandy, which he saw from sea, but 
did not enter. Sandford named it Harry Haven, in honor 
of his lieutenant. The next day, the 23d of June, he 
went with his boat into a creek on the east shore about a 
mile up, and landed. Then, according to instructions, 
he took formal possession by the ancient ceremony of 
turf and twig of the whole country from the latitude 
of 36° north to 29° south and west to the South Seas, 
by the name of the province of Carolina for his Maj- 

1 Year Book City of Charleston (Courtenay), 18S5, 262; Colonial 
Records of No, Ca.j vol. I, 118. 


esty Charles the Second, King of England, and to the use 
of the Proprietors. Sandford does not mention whether 
his landing was upon the eastern or western bank, so that 
it is impossible now to know whether this seisin for the 
King and the Proprietors was taken on Wadmalaw or Sea- 
brook Island ; but doubtless this formal entry into the ter- 
ritory of the new province was made in the North Edisto. 
He explored to some extent on both sides of the creek, 
passed through several fields of maize or Indian corn, and 
following the guidance of a small path was brought to 
some of the Indian habitations. The next day he went a 
few miles up the main river to the Nortt Edisto, and find- 
ing a branch on the east side he put in there to examine 
the land. This he found firm and dry, a flat black mould 
with a scarce discernible mixture of sand founded on marl 
or clay. The land he esteemed very profitable and tillable, 
and some of his company discovered an Indian planted 
field, which they told him "bore as tall Maiz as any." 
He rowed up this creek and, besides the swamps, saw and 
ranged through very spacious tracts of rich oak land, 
though not yet past the oyster banks and frequent heaps 
of shells near the salt water. On his return down the 
river he stopped at the landing-place nearest to the chief 
seat of the Edistohs, so that the Indians might with less 
trouble come aboard to trade. 

While lying there, a captain of the Nations, named 
Shadoo, one whom Hilton had carried to Barbadoes, was 
very earnest that some of the company would go with him 
and lie at night at his town, which he told them was but 
a small distance away. Lieutenant Harvey, Lieutenant 
Woory, Mr. Thomas Giles, and Mr. Henry Woodward 
offering themselves to go, and some Indians remaining on 
board, Sandford permitted their doing so. They returned 
the next morning, much pleased with their entertainment, 


and especially with the richness of the land through which 
they had marched and the delightful situation of the town. 
The Cacique himself, however, had not appeared. His 
state was supplied by a female who received the party 
with gladness and courtesy. This induced Sandford to 
go himself, so, taking with him Captain George Cary and 
a file of men, he marched thither, followed by a long train 
of Indians, of whom some one or other always presented 
himself to carry Sandford on his shoulders over any of 
the branches, creeks, or damp places. The march tended 
to the southward of the west and consequently led near 
the sea coast, yet,' says Sandford, it opened to their view 
so excellent a country both for woodland and meadow as 
gave singular satisfaction to all the company. Having 
entered into the town, the party were conducted into a 
large house of a circular form (their generall house of 
State). Opposite the entrance was a high seat, sufficient 
for half a dozen persons, on which sat the Cacique him- 
self, with his wife (she who had received the party the 
evening before) on his right hand. The Cacique was 
an old man of large stature. Round the house on each 
side were lower benches filled with more women and 
children. In the centre a constant fire was kept burning 
on a great heap of ashes and surrounded with little low 
benches. Sandford and Cary were placed on the higher 
seat on each side of the Cacique, and presented with 
skins, accompanied with ceremonies of welcome and friend- 
ship. Sandford thus describes the town, which was prob- 
ably somewhere near to the site of the present village 
of Rockville on Wadmalaw Island : — 

"... The Towne is scituate on the side or rather in the skirts of 
a faire forrest in which att several! distances are divers fields of Maiz 
with many little houses straglingly amongst them for the habitations 
of the particular families, On the East side and part of the South 


it hath a large prospect over meadows very spatious and delightful). 
Before the Doore of their State-house is a spacious walke rowed with 
trees on both sides tall & full branched not much unlike to Elms 
which serves for the Exercise and recreation of the men who by 
Couple runn after a marble bowle troled out alternately by them- 
selves with six foote staves in their hands which they tosse after the 
bowle in their race, and according to the laying of these staves wine 
or loose the beeds they contend for ; an exercise approveable enough 
in the winter but somewhat too violent (meethought) for that season 
and noon time of the day. From this walke is another lesse aside 
from the house for the children to Sport in." 

After a few hours Sandford returned to his vessel with 
a great troop of Indians following him. The old Cacique 
himself came aboard his vessel and remained there that 
night without any of his people, some scores of whom, 
however, lay in booths on the beach. While he lay there 
Sandford learned that the river went through to another 
more westerly and was passable for his vessel. This in- 
creased his desire of passing that way, as he was persuaded 
from Hilton's map that the next river was the Jordan. 
So on the 27th of June, with the help of a flood tide, 
though the wind was contrary, he turned up the river, in 
which he found the channel six fathom deep and bold for 
a distance about ten miles from the harbor's mouth, where 
the river contracted between the marshes, but was seldom 
less than five fathom deep. The river being narrow and 
winding, no wind would serve long ; so that for the most 
part he was forced to tow through, often against the wind, 
which proved very tedious, the more so as they could only 
proceed by day. So that it was Sunday morning, the Ist 
of July, before they came to the next westerly river and 
by it again to the sea. 

From this description of his voyage it is very clear that 
Sandford passed by Jehossee Island through Dawhow 
River, from North to South Edisto. He was much puz- 


zled on reaching the sea to find none of the marks which 
Hilton had indicated for the Jordan; and an evening 
storm driving him back into the river, he anchored and 
went ashore on the east point, and there he found Shadoo 
and several other Indians who had come by land across 
Edisto Island to see them come down the South Edisto. 
From these he learned that this was not the river in 
which Hilton had been. That Hilton had not known 
of it. The river in which Hilton had been was the next. 
When Sandford asked the name of this river, they an- 
swered him Edistows, and from this he says he learned 
that the Indians assigned names not to the rivers, but to 
the countries and people. 

Amongst the Indians who had thus come to see him 
was one who had traded with the colony at the Cape Fear, 
and was known to them by the name of Cacique of the 
country of Kiawha. The Cacique was very urgent that 
Sandford should go to his country, assuring him of a 
broad and deep entrance and promising a large welcome 
and plentiful entertainment and trade. But Sandford 
told him he must first go to Port Royal and that on his 
return he would see his country. The Indian would not, 
however, leave Sandford, but to secure his return must 
needs accompany him to Port Royal as his pilot for that 
river. He sent his companion to give notice to the Chief 
Cacique of the place of Sandford's coming, tliat he might 
prepare food, and went himself on board of Sandford's 

With the morning light, Sandford weighed and stood 
out to sea with an easy gale at northeast and an ebb tide; 
but, unacquainted with the coast, with which Shadoo him- 
self does not appear to have been better informed, he ran 
upon the shoals, and nearly lost his vessel. From this he 
branded the place with the name of Port Peril. It is 


the same that was then known to the Spaniards as St. 
Helena Sound. After clearing the sands, he stood out 
to sea, and sailing around St. Helena Island, he came to 
anchor off Hilton Head. Broad River, which had been 
called the Jordan, he named Yeamans Harbor, in honor of 
the Lieutenant General and Governor. Whilst there, he 
espied with great rejoicing the shallop which had been 
parted from them since the 19th of June. St. Helena 
Island he had named Gary Island, in honor of his lieu- 
tenant, and Hilton Head Island, Woory Island. The 
shallop had come out of Yeamans Harbor. Sandford fired 
a gun and ran up his colors to let Brayne know that they 
saw him, but could not get to him for the mud flats. On 
the 8d of July, he luffed into the bay, and steering away 
between Hilton Head and the entrance of Port Royal, 
about midnight came to anchor within Port Royal River 
in seven fathoms of water. 

The next morning Sandford moved opposite to the 
principal Indian town, and anchored before it. He had 
not ridden there long before the Cacique of that country 
himself appeared in a canoe, full of Indians, presenting 
him with skins, and bidding him welcome after their 
manner. Sandford went ashore with the Cacique to see 
the town, which stood in sight of the vessel. This was 
doubtless, from the description, Paris Island between Port 
Royal and Broad River. Sandford found the town, as to 
the forms of building, in every respect like that of Edisto, 
with a plain before the great roundhouse for their bowl- 
ing recreation. At the end of this, there stood a fair 
wooden cross, which the Spaniards had left ; but it was not 
observed that the Indians performed any adoration before 
it. All round the town, for a great space, were fields of 
maize of very large growth. The soil was nothing infe- 
rior to the best he had seen at Edisto ; apparently more 


loose and light. The trees in the woods were much larger, 
all the ground under them covered with a great variety 
of pasturage. He saw there, besides a great number of 
peaches, some fig-trees very large and fair, both fruit 
and plants, and divers grape vines which, though growing 
without culture in the very throng of weeds and bushes, 
were filled with bunches of grapes, to his great admiration. 
Upon the whole, they esteemed the country superior even 
to Edisto. It was all cut up into islands made by the 
intervenings of rivers and creeks, yet of finn good lands, 
excepting what was marsh ; nor were the islands so small, 
many of them containing thousands of acres of rich habi- 
table woodland, whose very banks were washed by river 
or creek, contributing not only to the fertility, but to the 
convenience of portage. 

After a few hours' stay, to view the land about the town, 
he returned to his vessel, and there found Ensign Brayne 
with his shallop, who had come that morning through the 
sound from Yeamans Harbor, at the mouth of which they 
had seen him two days before. He reported that the 
morning Sandford had gone into Edisto he sailed along 
until evening, when he had entered Yeamans Harbor, and 
not finding Sandford there and " guessing " that he might 
be more southerly, he came through Port Royal and ac- 
quainted himself with Wommony, the son of the Cacique, 
who had been to Barbadoes, and with whom he easily pre- 
vailed to bear him company as guide from place to place 
in the several creeks and branches; that under his pro- 
tection he had had an excellent opportunity of viewing 
all that part of the country, which, says Sandford, " he did 
so loudly applaud for land and rivers that his company's 
commendations of Edisto could scarce outnoise him." Sat- 
isfied with Brayne's report, Sandford determined to lose 
no more time there, but to proceed up the main river and 


aee the country, and upon his rieturn to enter a creek on 
the west shore, which Brayne had not explored ; which he 
was the more desirous to do because the Indians reported 
that it led to a great southern river which pierced far 
into the country and he supposed might be the French- 
man's River May or the Spaniard's St, Matthias. With 
the flood tide and a favorable wind he sailed up the river 
in the shallop nearly thirty miles as he estimated it, pass- 
ing where it divides itself into two principal branches, the 
westernmost of which he went up and landed. From this 
statement it appears that it was Coosawhatchie that he 
ascended. He found the ground rising and crossed sev- 
eral fine falls and one brook of sweet water, which ran 
murmuring between two hills. He was still more pleased 
with the country. The land here, he says, was such as 
made them all conclude not only a possibility that Edisto 
might be, but a certainty that it was, exceeded by the 
country of Port Royal. Tired with his march through a 
rank growth of vines, bushes, and grass, which fettered 
his legs and proclaimed the richness of the soil, Sand ford 
returned to the boat and fell down with the ebb towards 
his vessel, passing divers fair creeks in each side, which 
time did not allow him to enter. Upon returning to his 
vessel, he then crossed the river into the western creek 
he had mentioned, which, after three or four miles, opened 
into a great sound full of islands. This was, without 
doubt, Calibouge Sound. He describes it as emptying into 
the sea by two or three outlets. He spent two days ex- 
ploring the islands around, finding them of as good firm 
land as any he had seen, and better timbered with live- 
oak, cedar, and bay trees. He concluded from what he saw 
that on this sound alone habitation for thousands of people 
might be found, with conveniences for their stock of all 
kinds. In fine, he could see nothing here to be wished 


for but a good store of English inhabitants. He gave to 
the sound his own name, but it has not retained it. 

Returning to his vessel, on the 7th of July Sandford 
took in some fresh water, proposing that night to leave 
Port Royal and return homeward, the discovery he had 
made exceeding all his own and he was confident would 
answer all other expectations. He purposed also to spend 
some days in viewing the country of Kiawha, the Indian 
of that nation remaining still with him for the purpose 
of guiding him thither. 

A little before night the Cacique of Port Royal came 
aboard, bringing with him his sister's son. He inquired 
of Sandford when he would return, and pointing to the 
moon asked whether he would come within three times of 
her completing her orb. Sandford told him no; but in 
ten months. He seemed troubled at the length of time 
and begged him to come back in five. Sandford insisted 
upon the first number he had given. This being settled, 
the Cacique gave Sandford the young fellow to take with 
him, telling him he must clothe him and bring him back 
when he returned. Then he asked Sandford when he 
would sail, and when informed that he would do so that 
night, he importuned him to stay till the next day, that 
he might prepare him some venison. 

Sandford was much pleased with this adventure and 
with the offer of the Cacique to let his nephew go with 
him, he leaving an Englishman in his room, for the 
mutual learning of their language. This he could do, 
for one of his company, Mr. Henry Woodward, a surgeon, 
had proposed to stay with the Indians for the purpose. 
Sandford determined, therefore, to wait until the next 
morning, to see if the Indians would remain constant to 
their purpose. Then taking Woodward and the young 
man with him, in the presence of all the Indians of the 


place and of the fellow's relations, he asked if they ap- 
proved of his going with him. They all with one voice 
consented. He then delivered Woodward to the Cacique 
in the sight and hearing of the whole town, telling them 
that when he returned he would require him at their 
hands. They received Woodward with expressions of 
great joy and thankfulness. The Cacique placed him by 
himself on the throne and then led him forth and showed 
him a large field of maize, which he told him should be 
his ; then brought him the sister of the young man who 
was going with Sandford, to tend and dress his victuals 
and to take care of him so that her brother might be 
better used by the white men. Sandford, after staying 
a while, being wondrous civilly treated after the manner 
of the Indians, and giving Woodward formal possession 
of the whole country to hold for the Lords Proprietors, 
returned aboard and immediately weighed anchor and 
set sail. 

The morning of the 10th of July Sandford found himself 
before the river that led into the country of Kiawha in 
the present Charleston harbor, but the Indian of the place, 
who had remained with him all the while solely for the 
purpose of piloting him into the harbor, mistook the 
entrance, and Sandford under his direction had stood away 
some two leagues before the pilot saw his mistake. It 
was now too late, for the wind was so that he could not 
fetch the river again and even if the weather had been fair 
could not enter it before night; but the appearance of 
the heavens forbade his lying that night upon the coast. 
The river he described as lying between Harry Haven 
(Edisto) and Cape St. Romana, and found seven or eight 
fathoms of water very near the shore and not the least ap- 
pearance of shoals or dangers in any part of it. It showed 
a very fair large opening, clear of any flats barring the 


entrance — only before the eastern point he saw a beach, 
but which did not extend far out. He persuaded himself 
that it led to an excellent country, both from the com- 
mendation the Indian gave it and from what he had seen 
at Edisto. Wherefore, in hopes that it might prove worthy 
the dignity, he called the river Ashley, from the Right 
Hon. Lord Ashley, and to take away, he says, every 
vestige of foreign title, he blotted out the name of St. 
Romano and called the cape. Cape Carteret, in honor of 
Sir George Carteret, a Proprietor of Carolina. 

On the 12th of July, about noon, Sandford and his 
company entered Charles River, the Cape Fear, and landed, 
to the great rejoicing of their friends, who received not, 
he says, their persons more gratefully than the favorable 
report they brought with them of the country they had 
seen and examined, in which they found ample room for 
many thousands secured from any danger of massacre 
with such accommodation, to boot, as scarce any place can 
parallel, in a clime perfectly temperate, and where the soil 
cannot fail to yield so great a variety of production as 
will give an absolute self -sustenance to the place without 
foreign dependence and also furnish a trade to the king- 
dom of England as great as 'that she has with all her 
neighbors, "and," he concluded, "under our Sovereign 
Lord the King within his owne Dominions and the Lands 
possessed by his Naturall English subjects univiersall Mon- 
arch of the Traffique and comodity of the whole world." 

Chalmers in his Political Annals ^ asserts that Sir John 
Yeamans remained with the Barbadian colony on the 
Cape Fear and ruled them with the affection of a father, 
rather than with the authority of a Governor, and thus 
insured a seven years' peace to the attempted colony, which 
was only disturbed by the selfishness of individuals ; and 

1 CarroU's ColU, 289. 



in this story he has been followed by other historians thus 
misled by him.^ But Saunders, in his prefatory note to 
the first volume of the colonial records of North Caro- 
lina, points out the inaccuracy of this statement. Sir John, 
as we have seen, arrived there with his small colony in 
October, 1665, but abandoned them and returned immedi- 
ately to Barbadoes ; where he was a member of the King's 
Council, taking an active part in the affairs of the island 
during the years of his supposed benign rule at Cape 

The Barbadian settlements on the Cape Fear were, in 
fact, broken up in the summer or early fall of 1667 ; the 
colonists not coming to South Carolina, as stated by Chal- 
mers, but going, some up to the Albemarle settlement 
and some to Nansemond County in part, and in part to 

1 Hist. Sketches of No. Ca. (Rivers), 71. 

2 Colonial Records of No, Ca., vol. I, 148-161, 157-169, 177-208. 


In the early part of 1669 Lord Ashley, not yet the 
Earl of Shaftesbury, assumed a leading part among the 
Proprietors, and their previous indefinite policy in regard 
to the colonies was abandoned under his influence for a 
determined course. His first step was to prepare and 
formulate a plan of government for the great province 
they were to found. For this purpose he engaged the 
assistance of his friend, the celebrated philosopher John 
-JiOcke, who was then living with him at Exeter House, 
his Lordship's London residence as his private secretary. 
The result of their collaboration was the production of 
the famous " Fundamental Constitutions " drawn by Locke 
in March of that year, and which, with some modifications, 
were solemnly adopted by the Proprietors in the July 

This most extraordinary scheme of forming an aristo- 
cratic government in a colony of adventurers, in the wild 
woods, among savages and wild beasts began with this 
formal recital : — 

" Our Soveregn Lord the King having out of his royal grace and 
bounty granted unto us the Province of Carolina with all the royalties, 
properties, jurisdictions and privileges of a County Palatine, as large 
and ample as the County Palatine of Durham with other great Privi- 
ledges for the better settlement of the government of the said place, 
and establishing the interest of the Lords Proprietors with equality, 
and without confusion ; and that the government of the Province may 
be made most agreeable to the Monarchy under which we live and of 



which this Province is a part, and that we may avoid erecting a numerous \/ 
democracy ; we the Lords Proprietors of the Province aforesaid have 
agreed to the following form of governments to be perpetually estab- 
lished amongst us, and unto which we do oblige oui*selve8, our heirs 
and successors in the most binding ways that can be devised." ^ 

The charter constituted the province a County Palatine, v 
The first provision necessary therefore was to determine 
who should be the Palatine. The first clause of the con- 
stitution accordingly provided that the eldest of the Lords 
Proprietors should be the Palatine ; and upon his decease 
the eldest of the seven surviving Proprietors should always 
succeed him. Then seven other chief officers were pro- 
vided, viz. an Admiral, Chamberlain, Chancellor, Constable, 
Chief Justice, High Steward, and Treasurer, the places of 
which should be enjoyed by none, but the Lords Proprie- 
tors to be assigned at first by lot, and upon the vacancy of 
any one of these seven great offices by death or otherwise 
the oldest Proprietor should have his choice of such place. 

Seizing upon the clause in the charter wliich we have 
traced from that of Sir Robert Heath, which empowered ^ 
the Proprietors to confer marks of favor and titles of 
honor upon such of the inhabitants of the said province as 
they should think fit, and as tliis instrument expressed it, 
in order that the government might be made most agree- 
able to monarchy and avoid erecting a numerous democ- 
racy, the whole province was to be divided into counties ; 
each county into eight seigniories, eight baronies, and four 
precincts ; each precinct into six colonies. These terri- 
torial divisions were made for the support of the proposed 
aristocracy, and for this purpose it was provided, 

« 4 Each signory, barony, and colony shall consist of twelve thou- 
sand acres; the eight signories beiug the share of the eight proprietors, 
and the eight baronies of the nobility ; both which shares being each 

1 8kUuU9 of 8o. Ca.t vol. I, 43 ; Colonial Becords of No, Ca,, vol. 1, 167. 


of them one fifth of the whole are to be pe rpetually an nexed, the one 
to the proprietors, and the other to the hereditary nobility ; leaving 
the colonies, being three fifths among the people; so that in setting 
out and planting the lands, the balance of the government may be 

As each seigniory, barony, and colony contained 12,000 
acres, each county was made to contain 480,000 acres, or 
750 square miles. Of this land the eight Proprietors 
would have 96,000 acres ; and as there were to be as 
many Landgraves as counties, and twice as many Caciques, 
each Landgrave's share was appointed to be four baronies, 
or 48,000 acres, and each Cacique's share two baronies, or 
24,000 acres. There were left three-fifths of each county, 
or 288,000 acres, for the people.^ 

Until the year 1701 the Proprietors were to be allowed 
y to dispose each of his proprietorship, and of his seigniories 
and powers ; but after that time no Proprietor was to be 
allowed to alienate his proprietorship with its seigniories, 
baronies, and privileges, but for a term of three lives or 
twenty-one years ; and that only to the extent of two- 
thirds, the remaining third to be always in demesne, i.e. 
in the Proprietor's own actual possession, and not under 
lease to tenants. The proprietorship, with its lands and 
privileges, was to descend to the heirs male, and for want 
of such heirs, to a Landgrave or Cacique of Carolina, who 
was descended from the next heirs female of the Proprie- 
tor ; if none, to the next heir general ; and for want of 
any such heirs the remaining seven Proprietors were au- 
thorized to choose a Landgrave to succeed to the deceased 
Proprietor; and it was required that whoever succeeded 
a Proprietor, either by inheritance or choice, should take 
the name and arms of the Proprietor whom he succeeded, 

1 HUi. SkeUhes of So. Ca. (Rivers), 83. 


which should thenceforth be the name and arms of his 
family and their posterity. 

Besides the Proprietors, the nobility was to consist of 
Landgraves and Caciques. These terms were chosen be- 
cause by the provision of the charter it was required that 
the title was to be unlike those of England. The title 
Landgrave was borrowed from the old German courts ; 
and that of "Casique" or "Cacique" from the style of 
the Indian chiefs of America. There were to be as many 
Landgraves as there were counties, and twice as many 
Caciques, and no more. These were to constitute the 
hereditary nobility of the province, and by right of their 
dignity to be members of Parliament. Each Landgrave 
was to have four baronies, and each Cacique two baronies 
hereditarily and unalterably annexed to and settled upon 
the digfnity. The same rules of alienation and descent as 
to the lands and dignities of the Landgraves and Caciques 
were laid down as were prescribed for the proprietorship. 

Besides the seigniory of the Proprietor, the barony of the 
nobility, and the colony or precinct of the commons, an- 
other subdivision was allowed, — that of the manor, which 
was to consist of not less than 3000 acres, anHTlibt above 
12,000 in one entire piece, and in one colony; the mere 
possession by one, however, of such a tract did not consti- 
tute it a manor unless it was so ordered by a Palatine 
Court. A lord of a manor within his own manor was to 
have all the powers, jurisdictions, and privileges which ^ 
pertained to a Landgrave or Cacique in his barony. 

It was provided that "In every signory, barony and 
manor all the leet-men shall be under the jurisdiction of -^. 
the respective lords of the said signory, barony or manor 
without appeal from him." This provision was a revival 
and adaptation of the ancient system of the hundred, under 
which in England a court-leet was held once a year within 



each particular hundred, lordship, or manor, and to which 
court all the freeholders witliin the precinct above the 
age of twelve and under sixty, excepting peers, clerks (i.e. 
clergy), women, and aliens, whether masters or servants, 
owed their personal suit and attendance, and were to be 
sworn as to their fealty and allegiance. The court-leet 
in England was charged with the preservation of the 
peace, and had jurisdiction over small offenders against 
the public good.^ 

But while new and oppressive provisions were imposed 
by these constitutions, such as that no leet-man or leet- 
• woman should have liberty to go off from the land of his 
or her lord, and live anywhere else without leave obtained 
from the said lord under hand and seal ; and while the 
existence of the court-leet was at least impliedly i*ecog- 
nized in the provisions that the lord of the seigniory, 
barony, or manor should have jurisdiction without appeal 
over his leet-men, and prescribing that no one should be 
capable of having a court-leet but a Proprietor, Landgrave, 
Cacique, or lord of manor, no provision was made for the 
holding of such courts, but, on the contrary, their organi- 
^zation and jurisdiction, as they prevailed in England, were 
given to County and Precinct courts. 

Who were to be leet-men was not declared save in 
the clause "whosoever shall voluntarily enter himself a 
leet-man in the registry of the County Court shall be a 
leet-man." The only inducement held out for one thus 
voluntarily to put himself within the absolute control of 
his lord was that the lord should, " upon the marriage of 
a leet-man or leet-woraan, give them ten acres of land for 
their lives, they paying to him therefor riot more than one- 
eighth part of all the yearly produce and growth of the 
said ten acres." Could the framers of this instrument, 

1 Blackstone's Com., vol. IV, 273. 


philosophers or statesmen, suppose that for the rental of 
those few acres upon marriage, freemen would have thus 
enslaved themselves? 

Eight Supreme Courts were provided ; the jurisdiction 
of these courts was legislative as well as judicial. The 
first was the Palatine Court, consisting of the Palatine 
and the other seven Proprietors. This court with its vice- 
regal power corresponded to the King in the monarchy of 
England, but with even greater relative power in its lim- 
ited sphere. It was the source of all law and the final 
arbiter of justice. The other seven courts each consisted 
of one of the other seven great officers and six counsellors. 

To the Chanc ellor's C ourt belonged all matters of State 
and treaties with the neighboring Indians, all invasions of 
the law of liberty of conscience, and all invasions of the 
public peace upon pretence of religion, as also the license 
and control of printing. 

The Chi.ef Justice's ^ourt had jurisdiction of all ap- 
peals both civil and criminal, except such as fell under 
the jurisdiction and cognizance of any other of the Pro- 
prietors' courts. 

The Constable!*~Court had the order and determination 
of all military affairs by land, and of all land forces, arms, 
ammunition, and whatever belonged unto war. 

The Admiral's Court had the powers of a court of 
admiralty, with power to appoint judges in port towns to 
try cases belonging to the law-merchants as should be most 
convenient for trade. 

The Treasurer's Court was charged with the care of all 
matters that concern the public revenue and treasury. 

The High Steward's Court had the care of all foreign 
and domestic trade, manufactures, public buildings, work- 
houses, highways, passages by water above the flood tide, 
drains, sewers, and banks against inundations, bridges, 


posts, carriers, fairs, markets, corruption or infection of 
the air or water, and of all things in order to the public 
commerce and health, the surveying of lands, and the 
appointing places for towns. 

The Ch amberlain's C ourt had the care of all ceremonies, 
precedency, heraldry, reception of public messengers, pedi- 
grees, the registration of births, burials, and marriages, 
legitimation, and all cases concerning matrimony ; and 
had power also to regulate all fashions, habits, badges, 
games, and sports. 

There was to be a Grand^Cfiuncil consisting of the 
Palatine, seven Proprietors, and the forty-two counsel- 
lors of the several Proprietors' courts, which should have 
power to determine any controversy that might arise be- 
tween any of the Proprietors' courts about their respective 
jurisdictions. This body was also to prepare all matters 
to be proposed in Parliament, and no matter whatsoever 
was allowed to be introduced in Parliament which had 
not first been considered by it ; after which, having been 
read three several days in Parliament, it was by majority 
of votes passed or rejected.^ The Grand Council was to 
meet the first Tuesday in every month. The quorum was 
but thirteen, whereof a Proprietor or his deputy should 
be always one. The Palatine or any of the Lords Pro- 
prietors were empowered under their hands and seals to 
be registered in the Grand Council, to make a deputy 
who should have the same power to all intents and pur- 

1 The precedent for this provision was probably found in that of 
Poyning^s law in regard to Ireland, of 1494 (the great bone of contention 
in the later days of Flood and Grattan), under which no matter could be 
moved or considered in any Parliament of Ireland until it had been con- 
sidered, approved, and certified under the great seal of England. By 
which means nothing was left to an Irish parliament but a power of pass- 
ing or rejecting such measures <as were proposed to them. Blackstone^s 
Com,, vol. I, Intro., § 4 ; Green's Uist, of the English People, vol. II, 73. 


poses as he who deputed him except the confirming acts 
of Parliament and nominating and choosing Landgraves 
and Caciques. The eldest of the Lords Proprietors who 
should be personally in Carolina should, of course, be the 
Palatine deputy. 

Coun ty and precinct courts were provided, as before 
intimated, for the trial of small causes, civil and criminal. 
For treason, murder, and all other offences punishable by 
death, a commission twice a year at least was to be granted 
to one or more members of the Grand Council who should 
come as itinerant judges to the several counties, and with 
the sheriff and four justices hold assizes to judge all such 
cases. From the Co urt of Assizes an appeal was allowed 
to the respective Proprietors' court, but only upon the 
payment of <£50 sterling to the Lords Proprietors' use. 
These courts of assize were to be held quarterly, not 
exceeding twenty-one days at any one time. 

None but freeholders could be jurymen. Every jury 
was to consist of twelve men, but it was not necessary 
that all should agree ; the verdict was to be rendered ac- 
cording to the consent of the majority. There was then 
a curious provision taken, doubtless by Locke, from the 
Cincian law of Rome, which declared it to be a base and 
vile thing to plead for money or reward, and forbade that 
any, except a near kinsman, should be permitted to plead 
another's cause until he had taken an oath in open court 
that he had not directly or indirectly bargained with the 
party whose cause he was going to plead, for money or 
other reward. 

The object of this provision, it has been observed, is 
manifest. It was to make of pleading before the courts 
of justice a patrician privilege, and thus secure to the 
governing class the immense influence which attaclies to 
the administration of the law. And the result would 



have been to have made of the profession a class within a 
class, invested even with higher power and more extensive 
influence than the body to which it belonged.^ 

There was to be a bienui^l Parliament, to consist of 
the Proprietors, or their deputies, the Landgraves and 
Caciques, and one freeholder out of every precinct, to be 
chosen by the freeholders. Like the ancient Scotch Par- 
liament, all were to sit together in one room and each 
member to have one vote. It is evident that the repre- 
sentation of the commonalty would have but little influ- 
ence in such a body, by the very constitution of which 
they were in a hopeless minority; but the provision that 
no business should be allowed to be proposed until it was 
debated in the Grand Council, whose duty it was, like the 
Lords of Articles in the Scotch constitution, to prepare 
bills for Parliament, reduced them still more to the posi- 
tion of mere witnesses to the action of others whose pro- 
ceedings they could not control. 

The freeholders of the respective precincts were to meet 
to choose Parliament men every Jiwo years at the same 
place unless the steward of the precinct, upon proper 
notice, appointed some other place. The manner of these 
elections was not prescribed ; but without doubt they were 
intended to be by poll, as it was especially provided that 
all elections in the Parliament itself, in the several cham- 
bers of the Parliament, and in the Grand Council should 
be by balloting. As far as is known, however, no election 
ever took place in South Carolina except by ballot. 

To avoid a multiplicity of laws which it was said 
by degrees always change the right foundations of the 
original government, all acts of Parliament, it was pro- 
vided, should, at the end of a hundred years after their 

1 Oration of William Henry Trescot, before Historical Society, Coll, 
Hist, of So. Ca.j vol. Ill, 28. 


enactment, "cease and determine," i.e. come to an end of 
themselves without repeal. And since, continued these 
wise la\nnakers, multiplicity of comments, as well as of 
laws, have great inconveniences, and serve only to obscure 
and perplex, all manner of comments and expositions on 
any part of these Fundamental Constitutions or upon any 
part of the common or statute laws of Carolina are abso- 
lutely prohibited. 

A registry was provided in every seigniory, barony, and 
colony, wherein were to be recorded all births, marriages, 
and deaths. The time of every one's age that is born in 
Carolina, it was declared, should be reckoned from the 
day that his birth is entered in the registry^ and not before. 
No marriage was lawful until both parties owned it be- 
fore the Register. No administration upon the goods of a 
deceased person was allowed until his death was regis- 
tered. Neglect to register a birth or death subjected the 
person in whose house or ground the birth or death took 
place to a fine of one shilling per week. The births, mar- 
riages, and deaths of the Lords Proprietors, Landgraves, 
and Caciques were to be registered in the Chamberlain's 

AH in(>orpnrtit.p.f] tnwna were to be governed by a mayor, 
twelve aldermen, and twenty-four of the common council; 
the common council to be chosen by the householders of 
the town, the aldermen to be chosen out of the common 
council, and the mayor out of the aldermen by the Pala- 
tine's Cpurt*^ 

The provisions in regard to religion were also remark- 
able. It was especially provided that " no man shall be 
permitted to be a freeman of Carolina, or to have any 
estate or habitation within that doth not acknowledge a 
God^ and that God is publicly and solemnly to be wor- 
shiped." But as it was expected that those who would 


plant themselves in the new colony would unavoidably be 
of different opinions concerning religious matters, the next 
article went on to provide that " any seven or more persons 
agreeing in any religion should constitute a profession 
to which they should give some name." The terms of 
admittance and communion with any such church or pro- 
fession were to be written in a book, and subscribed by 
all the members, and the book be kept by the public 
Register. These terms were to comprise three, with- 
out which no agreement or assembly of men should be 
accounted a church or profession within the rules. 
These were : — 

" 1st. That there is a God. 

2d. That God is publickly to be worshiped. 

3d. That it is lawful and the duty of every man being thereunto 
called to bear witness to the truth, and that every church or profession 
shall in these terms of comuiunion set down the eternal way whereby 
they witness a truth as in the presence of God whether it be by laying 
hands on or kissing the bible, as in the church of England or by hold- 
ing up the hand, or any other sensible way." 

In the copy of these constitutions to be found in the 

Statutes of South Carolina there appears the following : — 

"96* (As the country comes to be suflSciently planted, and distrib- 
uted into fit divisions, it shall belong to the Parliament to take care 
for the building of churches and the public maintenance of divines, 
to Ix? employed in the exercise of religion, according to the Church 
of England ; which being the only true and orthodox, and the national 
religion of all the King's dominions is so also of Carolina, and therefore 
it alone shall be allowed to receive public maintenance by grant of 

In a note to these constitutions appended to Locke's 
works, it is said that this article was not drawn up by 
him, but inserted by some of the chief of the Proprietors 
against his judgment, as Locke himself informed his 
friends to whom he presented a copy of them.^ But 
1 Locke's works (4th ed., MDCCLIX), vol. Ill, 876. 


Anderson, in his history of the colonial church, observes 
that it is difficult to understand the grounds on which 
such an objection, if made, could have been rested. For 
if it be true, it was nothing else than objecting to a 
corollary inevitably deduced from the terms of the only 
instrument which gave to the Proprietors or to any one 
interested in the welfare of Carolina the right to legislate 
therefor. He points out also that the statement does not 
altogether agree with another made in a history of Locke's 
life prefixed to his works, i.e. that it was inserted ndt by 
the influence of any of the Proprietors, but because some 
of the clergy, jealous of the other liberal provisions in 
regard to religion contained in the other clauses of the 
constitution, expressed their disapprobation and procured 
the insertion of this article. The point of this argument 
is that when Locke undertook to draw this body of laws, 
he necessarily consented and undertook to draw them so 
as to conform to the requirements of the Royal charter, — 
the authority upon which they must ultimately rest, and by 
which they must be controlled, — and that as that charter 
of itself established the church, the constitution to be pre- 
pared by him must necessarily have provided for carrying 
out that purpose.^ 

A manuscript copy of the constitution, still to be found 
in the Charleston Library, which tradition asserts to be 
in the handwriting of the celebrated draftsman, Locke 
himself, bearing date the 21st of July, 1669, does not 
contain this clause. The historian Rivers does not, how- 
ever, believe this manuscript to be Locke's, but considers 
it a transcript sent out with Sayle.^ However interesting 

» Anderson's History of the Colonial Church, vol. I, 321-328. 

' In thia Mr. Rivers is corroborated by Mr. W. Noel Sainsbury, assist- 
ant keeper of the public records in the State paper office, London, the 
best aathority npon the subject, who writes, December, 1876: ** After 


this question may be historically, involving as it does the 
existence of the very paper upon which the province of 
Carolina was founded, and its preservation upon the spot 
on which it was first read and attempted to be put in 
force, now two hundred and twenty-seven years ago, the 
presence or absence of this clause in the constitution was 
not a matter affecting the government of the colony, inas- 
much as its purpose was already carried out in the Royal 
charter itself by which the Church of England was estab- 
lished as the church of the province. It is curious to ob- 
serve, however, as illustrating the early disregard by the 
Proprietors of the terms of their charter which became 
habitual, that the reason they allege for the establishment 
of the church is not that it is so already prescribed in 
that instrument as one of the conditions of their title, but 
because it is the only true and orthodox and national 
religion, and is, therefore, alone to receive public main- 
tenance. The fact is that the liberality of the constitutions 
themselves, for which Locke has been praised, was en- 
joined by the Royal charter which prohibited the inter- 
ference with or punishment of any for difference in opinion 
or practice in matters of religious concurment which did 
not disturb the civil peace of the province. 

Passing from these provisions to secure liberty of con- 
science, and others to protect the native Indian and to 
give him an opportunity to learn for himself the reason- 
ableness of the Christian religion and the peaceableness 
and unoffensiveness of its professors by their good usage 
and persuasion, — precepts which all European colonists 
habitually disregarded and atrociously violated, — these 

comparing very carefully the Charleston fac-simile herewith returned, 
with Shaftesbury MS. and with many other papers in Locke's handwrit- 
ing, I am of opinion that it is not in Locke's handwriting, but that it 
is a cotemporary copy." MS. letter, Charleston Library. 


constitutions drawn by him who, in a subsequent treatise 
on government, approves the doctrine that slavery was 
but a state of warfare continued,^ proceed to enjoin that 
** every freeman of Carolina shall have absolute power and 
authority over his negro slave of what opinion or religion 
soever." The full significance of this provision we shall 
have occasion hereafter to disclose when we come to treat 
of the institution of African slavery in the colony.^ For 
the present it is enough to observe that the existence of / 
the institution as a rightful and legal one was thus recog- 
nized, and provision made in advance for its introduction 
into the province. 

In order firmly to establish and maintain these Funda- 
mental Constitutions, it was provided that a true copy of 
them should be kept in a great book, by the register of 
every precinct, and that no person of what degree or 
condition soever above seventeen years old should have 
any estate or possession in Carolina, or protection or 
benefit of the law, who did not subscribe a pledge with his 
utmost power to defend and maintain them. 

It is remarkable that in preparing and adopting these 
Fundamental Constitutions, the Proprietors were oblivi- 
ous of the essential fact thiit under the Royal charter, 
by which alone they could prescribe constitutions and 
laws for the province which had been granted them, it had 
been expressly prescribed that such laws could only be 
enacted " by and with the advice assent and approbation 
of the Freemen of the said Province or of their delegates 
or deputies." Was it likely that such freemen would ever 
consent to the establishment of a form of government 

1 Lockers works, vol. II, 173. 

« See " Slavery in the Province of South Carolina, 1670-1770," by 
Edward McCrady, Annual Report of the American Historical Associa- 
tion, 1896, 662-654. 


the chief scope and object of which wa43 to transfer 
the rights which had been secured them by the Royal 
charter to an aristocracy over whom they could have no 
control ? Such a doubt seems never to have occurred to 
the Proprietors. Still more strange does this appear 
wiien we consider that these Proprietors were seeking to 
induce emigrants to settle in their new province rather 
than in the older colonies, which were guaranteeing to all 
such liberty and equality. We must remember, however, 
that it was about this time that Sir William Berkeley, one 
of their body, then in America, as Governor of Virginia, 
. on the eve of Bacon's Rebellion, concluded a report upon 
' that colony with the famous declaration : " I thank God 
/ that there are no free schools, no printing, and I hope we 
' shall not have these hundred years; for learning has 
brought disobedience into the world, and printing has 
divulged them and libels against the best governments."^ 
These constitutions doubtless expressed the reactionary 
sentiment of the Restoration. It will be made to appear 
in the course of this work that South Carolina was fore- 
most in her efforts to establish free schools and to provide 
for the education of her children, the poor as well as the 
rich, yet in this the first body of laws proposed for her 
government by absentee Lords, though devised and framed 
by a student and a philosopher, there was no mention, 
even, of a school. Public schools were not in accordance 
with the spirit of the times in England or elsewhere, and 
it is evident from his essay on education written twenty- 
four years after that Locke was even then opposed to the 
gathering together of youths in schools, holding that this 
manner of education was more productive of forwardness, 
mischief, and vice than of learning and the graces.^ 

1 Virginia, American Commonwealth Series (Cooke), 226. 
< Lookers works, vol. Ill, Thoughts concerning EducaUon^ 70. 


The whole scheme of the Fundamental Constitutions 
was visionary, crude, incomplete, and impracticable. For a 
province yet to be settled, in which society must build itself 
up from its very foundation, at first at least, beginning in 
its simplest and rudest forms, an elaborate and intricate 
system of government was provided, among the regulations 
for which it was deemed opportune to establish a court 
of heraldry with power to regulate fashions, games, and 
sporty. It is difficult to use the language of moderation 
in discussing the provision prohibiting comments or ex- 
positions of the law, upon the ground that such would tend 
to obscure and perplex its text. No less preposterous was 
that declaring that one's age should be reckoned only 
from the day on which his birth was registered, and not 
from that on which he was born. It is hard to realize 
that the author of the Two Treatises on Q-ovemment of 
1689 could have been the designer and f ramer of the Fun- 
damental Constitutions of Carolina in 1669. But there 
was twenty years' difference between the times in which 
they were composed, and though in that time the philoso- 
pher had not risen to the conception of a school system 
for the new country, he had experienced the frowns of 
restored royalty and had followed his patron to Holland ; 
for thither the Earl of Shaftesbury had only escaped with 
his life from the tower and there, like his co-proprietor 
Clarendon, with whom he had quarrelled and against 
whom he had intrigued, Shaftesbury was to die in exile. 

In the dedication of a collection of several of Locke's 
pieces published under the direction of Anthony Collins, 
the writer discussing the relative advantages which are 
possessed by a philosopher over a courtier or politician in 
the preparation of such a work, it is said that though some 
may be of opinion that in the matters of state the politician 
ought to have the preference, this will not in the least 

no History of south Carolina 

diminish the value of the Fundamental Constitutions, since 
not only a philosopher, but a politician of the first rank, 
was concerned in them.^ It is well that Shaftesbury's 
reputation, we will not say as a politician but as a states- 
man, and Locke's as a philosopher, rest upon other works 
than this extraordinary product of their joint labors. 

Regarding the Fundamental Constitutions as fully es- 
tablished, — though the consent of the freemen had not 
been obtained, — the Proprietors then resident in England 
proceeded to establish a government under them. On 
the 21st of October, 1669, they met at the Cockpitt to or- 
ganize the Palatine's Court, whereupon as the Earl of 
Clarendon was in exile, deserted by his Royal master. 
Monk, the Duke of Albemarle, was elected the first Pala- 
tine ; the Earl of Craven, the first High Constable ; the 
Lord Berkeley, the first Chancellor ; the Lord Ashley, the 
first Chief Justice; Sir George Carteret, the first Admiral. 
Sir John Colleton had died in 1666, leaving Sir Peter, his 
son, his heir, so the latter was chosen the first High 
Steward.^ Sir William Berkeley, as has been mentioned, 
was in America as Governor of Virginia. In this in the 
outset there was constituted an anomaly. The scheme of 
the constitution was that of a government ,of different 
parts, but of one system — a system of "government for the 
province, and presumably to be carried on in the province. 
But the Palatine's Court was thus in the initiation of the 
government established in London. 

This body of laws never received the necessary assent 
and approbation of the freemen of the province, and so 
was never constitutionally of force ; but though not hav- 
ing the formal sanction of the charter, it is undoubtedly 
true that its provisions had a marked effect upon the 

1 Lockers works, vol. Ill, 662. 

« Colonial Records of No. Ca., vol. I, 179. 


institutions of the colony and impressed upon the peo- \ 
pie, and upon their customs and habits, much of the tone 
and temper of its spirit. Seigniories, baronies, colonies, 
and manors were actually laid out, and Landgraves and 
Caciques appointed, some of whom took possession of their 
baronies. Some tracts of land in the lower part of South 
Carolina still, in part at least, bear the names then given 
them; such, for instance, as the Colleton Barony, the 
Wadboo Barony, the Broughton Barony, etc. The power 
to confer titles of honor under the charter, it will be 
observed, restricted the bestowal of them upon "«w(?A of 
the inhabitants of the said Province " as the Proprietors 
should think merited the honor ; but the Proprietors dis- 
regarded the restriction, and bestowed them upon persons 
who had never been in the colony. Thus, for instance, 
John Locke himself was the first Landgrave made. 
There is no record that Landgraves James Carteret, 
Thomas Amy, John Price, Abel Kettleby, or Edward 
Jauks (or Jenks) or Thomas Lowndes were ever in 
Carolina. By the constitutions the eldest of the Lords 
Proprietors, who should be personally present in Carolina, 
was thereby in fact the deputy of the Palatine, and if no 
Proprietor nor heir apparent of a Proprietor should be 
here, then the Palatine should choose for deputy any one 
of the Landgraves of the Grand Council who should be in 
the colony. It was probably to meet the provision of the 
constitutions that all or nearly all the Governors under 
the Proprietors were made Landgraves, and thus became 
deputies of the Palatine. Besides the Governors, but 
three or four Carolinians, i.e, inhabitants of the province, 
were deemed worthy of being appointed Landgraves.^ 
By the constitution Landgraves and Caciques were not 

^ See Appendix for Devolutions of Proprietary shares and list of Pala- 
tines, Landgraves, Caciques, and also of Governors. 


allowed after the year 1701 to alienate or assign their 
dignities, and yet Thomas Lowndes in 1728 procured a 
patent as assignee of John Price, neither having ever been 
in the province.^ 

The Proprietors were sensible, however, that such an 
elaborate scheme of government could not be put into 
immediate operation, and though for thirty years they 
persisted in their efforts to impose its provisions upon the 
province, they found it necessary in sending out their 
first colony to provide some temporary laws for the gov- 
ernment of the adventurers who composed it. These 
rules were embodied in the commission and instruction 
of the Governor. 

1 Coll. Hist, of So, Ca.j vol. I, 174. 



The failure of the colony at Cape Fear and the 
glowing account which Sandford had given of the 
country at Port Royal turned the attention of the Pro- 
prietors to the latter point, and induced them to devote 
their efforts to the establishment of a settlement there. 
In 1667 they fitted out a ship, gave the command of it to 
Captain William Sayle, and sent him out to bring them 
some further account of the coast. In his passage 
Captain Sayle was driven by a storm among the Bahama 
Islands, which accident he improved to the purpose of 
acquiring some knowledge of them, particularly of the 
Island of Providence, which he judged might be of service 
to the intended settlement of Carolina ; for in case of an 
invasion from the Spaniards, this island fortified might 
be made to serve as a check to the progress of their arms 
or a place of retreat to unfortunate colonists. Leaving 
Providence, he sailed along the coast of Carolina, where 
he observed several large navigable rivers emptying them- 
selves into the ocean, and a flat country covered with 
woods. He attempted to go ashore in his boat, but ob- 
serving some Indians on the banks of the river he was 
deterred; and having explored the coast and mouths of 
the rivers, he took his departure and returned to England. 
Why he was so easily frightened by the Indians does not 
more particularly appear ; but though he did not land, 
I 113 



lUowed after the year IT 
lignities, and yet Tlioiiu; 
patent as assignee of Joli: 
in the province.^ 

The Proprietors \v(Mt 
elaborate scheme of u- 
immediate operaticm. . 
persisted in their eflov 
province, they foun<l 
first colony to provi«l 
ernment of the a(l\ 
rules were embodic* 
of the Governor. 

1 C'jV 

. riised 

_ „-- with 

:'? report 

:iec«>rs to 

.. . and his 

-- imd and 

. II. 1 

• u'^nizatior. 

'V made t^ 

1 w:\s to bi' 

■ rd bv others 

I ' iirticles of 

.. •! undertook 

xSs to about 

i,.: out in shij)- 

. ^T :i ni'Miey, i'.^. its 
. ■ T.-uier than at 

T^i: it had been 
... . .tr.^tual annuity 
. \\^K moTQ than 
- "" r IS. vol. IV, 213. 

i^-^TV VIII, that for 
' '' ^ r,iif iS the laborer 
^ -- * J^ a, \zM the purchas- 
- * ' ..• -^ times of the 
' /w.-. 11.34. These 
. *^' * \ a^ fict of the preal 
. — *''V«^, n hi5 Genesis of 
-«*^ ^"^ j^. .^e Vinjinia Com- 
^ 8*i-?v * '^^^^, ^.j^lue of the 
- . ^ -•■^ ^ ,, ^2,) 10 «2r> of 
^ '^ ' w-,i bv Mr. Bnice in 
i» "^ .. .^;^ 24T. 249. etc., 
^ ZZ^ " 'r^i^^iateenth century. 

'^ ^ ,-'• = " ' , ^a<t be renicni- 



unmunitioD, tools, and provisions for the settle- 
t Royal, and a further sura of ^G 200 per annum 
ktt four years. It was further agreed that any 
r neglecting or refusing to pay in any of the 
I should relinquish and convey his share to the 
) Proprietors, A fleet of tliree ships was pur- 
It a cost of X3200 IGg. 6d.\ viz. the Carolina, 
Henry Braine master,^ — -the same who had 
I Sandford iii his voyage to Port Royal, the 
John Russell master, and the Albemarle, 
I Baxter muster. These vessels were laden with 
I, merchandise, munitions of war, and all equipments 
■ for planting a colony of two hundred people ; 
^9, omnber which was believed would be strong enough for 
Belf -protection and to make a permanent settlement.* 

On the 27th of July, 1669. Mr. Joseph West was 
appointed Governor and Commander-in-chief of the fleet 
and of the persons embarked in it bound for Carolina 
until its arrival in Barbadoes, or until another Governor 
was appointed. Mr. West's instructions accompanying 
his commission as Governor directed him with all possible 
speed to sail for Kinsale in Ireland, where he was to pro- 
cure twenty or twenty-five servants, and then to sail 
directly to Barbadoes. God sending the fleet safe to 
Barbadoes, Mr. West was there to furnish himself with 

to coDtlnncniB flnctofttion u It is to-day. In this InBtance we think the 
valne of the money agreed to be contributed by the Proprietora may with 
Bome certainty be accepted as stated in the text as from four to five ot 
the present value of the pound. 

* Oal^ndar State Papen, Colonial (Sainsbury, London, 1850), Prefaoe 
sad 64, &6, 00. 

In Sandford's account oE his voyage the qame ia spelled Braj/ne, aa 
in the third chapter of this work. 

* ShitflMbur]/ Papen; Year Book CUy o/ CAarleMon (Courtenay), 
1883, 866 ; Oldmixon, Carolina. 


cotton seed, indigo seed, ginger roots, which roots he was 
to carry planted in a tub of earth so that they might not 
die before their arrival at Port Royal ; also, in another tub, 
he was to carry canes, planted for trial, also the several 
sorts of vines of that island, and olives, all of which 
would be procured by Mr. Thomas Colleton, to whom the 
fleet was consigned. The most minute instructions were 
also given for his conduct at Port Royal, — the clearing 
of the lauds, building of houses, planting the seeds, and 
the care of cattle which were to be procured from Vir- 
ginia. He was to take from Barbadoes half a dozen 
young sows and a boar, which were to be furnished by 
Mr. Thomas Colleton if his own funds were not sufficient. 
Mr. John Rivers, who was to go out as the agent of Lord 
Ashley, was to take charge of the storehouse containing 
the materials of war, and to give them out only as directed 
by the Governor and Council. Captain Henry Braine was 
placed under the command of West until the arrival of 
the fleet at Barbadoes, when he was to obey the Governor 
to be appointed, and to return from Port Royal to Barba- 
does, or to go to Virginia, as he should be directed by 
Sir John Yeamans, Mr. Thomas Colleton, and Major 
Kingsland. If he was sent to Virginia, he was then to 
take in passengers and other freight for Port Royal. ^ 

Sir John Yeamans, though actively engaged in the 
political affairs of Barbadoes, still bore the commission of 
Governor and Lieutenant Governor of Carolina, but his 
ill success with his colony at Cape Fear had cooled the 
fervor of the Proprietors, and, though they recommended 
the expedition to his care and assistance, did not directly 
reappoint him its Governor, but sent a blank commission 
to be filled by him according to circumstances.^ With the 

1 Hist. Sketches of So. Ca. (Rivers), 92, and Appendix, 342-345. 

2 Year Book City of Charleston, 1883 (Courtenay), 368. 


commission in blank were also sent deputations from the 
Proprietors respectively, also in blank, to be filled as 
was the Governor's. The deputies to be thus appointed 
were to form the Governor's Council, and for their 
guidance instructions were annexed to the commissions 
and deputations. 

These instructions ^ began with the observation that as 
the number of people to be set down at Port Royal would 
be so small, and as there were as yet no Landgraves and 
Caciques, it would not be possible to put the grand model 
of government at once into practice. Notwithstanding 
this, however, in order that they might come as nigh as 
possible thereto the Governor and Council were instructed : 

1. As soon as they arrived at Port Roj'al they were to \ 
summon all the freemen in the colony and require them 

to elect five persons, who, being joined to the five deputed » ^ 
by the respective Proprietors, were to be the Council, with 
whose advice and consent, or of at least six of them, all 
being summoned, they were to govern according to the 
instructions, and to put in practice what they could of 
their Fundamental Constitutions. 

2. They were required to cause all the persons so chosen 
to swear allegiance to the King, and to subscribe fidelity 
and submission to the Proprietors and to the form of gov- 
ernment by them established. 

3. The Governor and Council were to choose some fit- 
ting place wherein to build a fort ; under the protection 
of which was to be the first town. The streets of the 
town were to be so arranged as to be commanded by the 
guns on the fort. 

4. The stores of all kinds were to be kept within the 

5. If the first town was placed upon an island, the 

1 Hist, Sketches of So. Ca, (Rivers), Appendix, 347. 



whole island was to be divided into colonies and reserved 
for the people, and no seigniory or barony was to be taken 
up in it. But if the first town was planted on the main, 
then the next six adjoining squares of 12,000 acres were 
to be all colonies, so that the people might first be planted 
together in convenient numbers. 

6. In order to avoid offending the Indians, no one was 
to be allowed to take up land within two miles and a half 
of any Indian town. 

7. The Governor and Council were to establish such 
coui*ts as they should think fit for the administration of 
justice till the grand model of government could be put 
into operation. 

8. They were to summon the freeholders of the colony 
and to require them to elect twenty persons, who, together 
with the deputies, were for the present to be the Parlia- 
ment, and by and with whose consent the Governor was 
to make such laws as he should from time to time find 
necessary, which laws, being ratified by the Governor and 
any three of his five deputies, were to be in force, as pro- 
vided in the Fundamental Constitutions, that is, until 
passed upon by the Palatine's court in England. 

9. All persons above the age of sixteen years who 
should come to Port Royal to plant or settle there, before 
the 25th of March, 1670, were to be granted 150 acres of 
land for themselves, and 150 acres more for every able 
man-servant they brought with them or caused to be 
transported into the colony, and 100 acres more for every 
woman-servant, and man-servant under sixteen years of 
age. And 100 acres were to be given to every servant 
who served out his time. 

10. To every free person that should arrive to plant 
and inhabit before the twenty-fifth day of March, 1671, 100 
acres, and 100 more for each servant he brought with him 


or caused to be transported into the colony, 70 acres for 
every woman-servant, or man -servant under sixteen years 
of age. And to every servant that should arrive before 
the time last mentioned, 70 acres. 

11. To every free person that should arrive before the 
25th of March, 1672, with intent to plant, 70 acres, and 
70 acres more for each man brought with him, and 60 
acres for each woman-servant or man-servant under six- 
teen years of age. To every servant who should arrive 
before this time, 70 acres upon the expiration of his term 
of servitude. 

12. The land was to be laid out in squares of 12,000 
acres, each of which squares taken up by a Propr ietor was 
to be a seigniory, each taken up by a Landgrave or Cacique 
to be a 'baron y, each set aside for the pejople to be a 
colony. The proportion of 24 colonies to 8 seigniories 
and 8 baro nies was to be preserved. 

13. The people were ordered to settle in towns, and 
that one town at least should be laid out in each colony. 
No inhabitant of any of the colonies, that is, no common 
person, was to be allowed to have a greater proportion of 
front upon a river than a fifth part of the depth of his 

14. A person having brought out servants to settle was 
to appear before the Governor and Council, who were 
thereupon to issue to him a warrant to the surveyor 
general to lay him out a parcel of land according to these 
instructions, which survey, when returned, was to be 
recorded, and the person to whom the land was granted 
was then to be sworn to his allegiance to the King, fidelity 
and submission to the Lords Proprietors and the Funda- 
mental Constitutions and form of government, whereupon 
the grant was to pass under the seal. 

The Proprietors thus attempted to evade the provision ^. 


in their charter which secured to the freemen in the 
province the right to participate in the formation of the 
government, and to force upon them the Fundamental 
Constitutions which the Proprietors had adopted. The 
charter gave to the Proprietors, as we have seen, power 
and authority to make and enact laws, only " by and 
with the advice assent and approbation of the Freemen 
of the Province." Disregarding this plain restriction upon 
their power, the Proprietors formulate in advance an 
^ elaborate and minute system of government with the 
avowed purpose of curtailing the power of the people who 
should settle the province — as they euphemistically ex- 
pressed it, to *' avoid erecting a numerous democracy." 
To this plan of government, so devised that in all as- 
semblies or parliaments, as they were grandiloquently 
termed, the representatives of the people must inevi- 
V tably be outvoted in all questions by a patrician order 
established in advance, every freeman before taking part 
in the government, or being allowed to take out a grant 
of land, was required to subscribe his submission, and 
thus commit himself to a waiver of his rights under the 
Royal charter. 

Ramsay, in the introductorj'- chapter to his history, 
states that neither the number of the first settlers nor 
their names, with the exception of Sayle and West, have 
reached posterity. The Shaftesbury papers recently given 
by the family to the State paper office in London, some 
of which have been published by the city council of Charles- 
ton, have in some degree supplied this information. On 
the 17th of August, 1669, three vessels, the Carolina^ 
the Port RoyaU and the Albemarle lay at anchor in the 
Downes, with their crews and ninety -three passengers in 
the Carolina^ — how many in the other vessels is not stated, 
— with supplies of all kinds aboard and ready for sea. 



Of the ninety-three passengers aboard the Carolina^ six- 
teen were masters, one of whom had with him a wife, 
sixty-three servants, and thirteen persons who brought 
no servants. The first name is that of Captain Sullivan 
(Florence O'SuUivan), a name perpetuated in that of 
Sullivan's Island, Charleston harbor. There is one other 
name destined to appear much in the history of South 
Carolina, and which has continued in his family from the 
very first settlement to the present time. This is the 
name of Stephen Bull.^ 

1 Tear Book City of Charleston, 1883 (Courtenay), 366; Centennial 
Address, from Shaftesbury Papers. Ibid., 1886, 243. 

A List of all such MasterSf free Passengers and S*y*t^s which are 
now aboard the Carolina now ridinge in the Downes, August the 10th 

Capt Sdxhvak 

Ralph MurshAll 
Ricn : Allexander 
Tho Kinge 
Elix : MAthewft 

James Montgomeiy 
Stephen Wheelwright 
Eliz Dommocke 

Robert Done 
Tho Ingram 
John Larmoath 

Btip Bull 

Barnaby Bull 
Jonathan Barker 
Dudley Widgler 

Ed Hollib and Jos Dalton 

Thomas Tonnge 
WUl. Chambers 
Wm Roades 
Jane Lawson 

0«orge Prkleox 
Henry Price 
John Dawson 
Alfrd Harleston 
Susanna Kinder 

Tho* and Pauls Smith 

Alee Rlxe Jo Hudlesworth 

Jo. Burroughs Hugh Wigleston 

Ellz. Smith Andrew Boorne 
Francis Noone 

Hamblkton (Jno Hamilton) 
Tho Oonrden Will Lnmsden 

Jo Frlxen 
Edw Toung 
Samuel Morris 
Agnls Pajrne 

Tho Poole 
Henry Burgen 

Step Flinte 
Jo Thomson 
Tho Southell 
Jo. Reed. 

Jo RnrsBS. 

Rob. Williams 
Math Smallwood 

NiOH Carthwbiqht 

Tho Qubbs Jo Loyde 

Martin Bedson Step Price 

Win Jenkins 

Alva Phillips 
Mathew Hewitt 

Morris Mathews 

Reglnold Barefoot 
Ellz Currie 

Will Bowman 

Abraham Smith Mlllicent Howe 

Doctor Will Scrivenkr 

Margaret Tudor. 

Will Owens 

John Humphreys Christopher Swade 
John Borley 

Tho Middlkton Eliz. uaeor ejii^ 

Rich Wright Tho Wormes 

Samuel West 

Andrew Searle Will West 

Joseph Bailet 

John Carmlchoell 

Pasrenokrs that have noe Servants 

Mr Tho Ridenll 
Mr Will Hennls 
Ellz Humphreys 

Mr Win Houghton 
Mr Tho Humfreys 

. Marie Clerko 

Sam)»&un [)arkenwell Nathanyell Darkenwen 
Mrs Sarah Erpe Eliz ErJM) 

Martha Powell Mrs Mary Erpe 

Thomas Motteshed 

* This Tho Smith has been supposed by some to have been the Thomas Smith the 
Ludgrare ; but this Is a mistake. Landgrave Smith did not come to Carolina untU 1687. 


The fleet stopped at Kinsale, but took in only seven 
servants there, and sailed according to instructions to 
Barbadoes, which was reached in October; it was con- 
signed to Thomas Colleton, one of the distinguished 
family of that name in Barbadoes — a son of Sir John, 
one of the original Proprietors, and brother of Sir Peter, 
the present Proprietor, who had once been temporarily 
Governor of that island, and of James, who afterwards 
was to become Governor of this province. 

Besides the causes of discontent of the planters of Bar- 
badoes to which we have alluded, a succession of dreadful 
hurricanes had occurred, which, added to the fact that the 
island was over populated, and that the planters were leav- 
; ing for the Bahamas and other islands, induced the Pro- 
! prietors to hope that their colony would find many there 
who would join it for the new province. It was thought 
ithat over one hundred emigrants might be secured there. 
In securing these the influence of Sir John Yeamans and 
Thomas Colleton was much relied upon ; but many disas- 
ters occurred at Barbadoes. While lying there on the 2d 
of November a gale struck the fleet and the Albemarle was 
driven on the rocks of the coast and shipwrecked. One 
of the cables of the Carolina was also broken and the Port 
Royal lost an anchor and a cable. To save the ship's stores, 
many were put ashore until repairs could be completed 
and another sloop hired to continue the voyage. Another 
vessel was also procured in the place of the Albemarle, 

Sir John Yeamans encouraged the expedition, and deter- 
mined to go with it himself to Port Royal. The fleet sailed, 
but was soon forced to put in at Nevis, a British West India 
island. There they found Dr. Henry Woodward, whom 
Sandford had left with the Indians at Port Royal in 1665. 
He had been well treated by the Indians, but had been 
surprised and captured by Spaniards at St, Helena, and 


taken prisoner to St. Augustine ; he had been rescued and 
carried to the Leeward Islands, from which he shipped as 
surgeon of a privateer and was cast away on the island 
in the hurricane of the 17th of August which had wrecked 
the Albemarle. Notwithstanding these adventures, he 
promptly volunteered to join the expedition, and to give 
it the benefit of his experience. His services were at 
once accepted.^ 

Sir John Yeamans here put on board the Port Royal one 
Christopher Barrowe, with instructions to pilot the ship 
to Port Royal. From Nevis the fleet had good weather 
imtil near land, when the Port Royal parted from the 
other vessels. The Carolina and the Barbadian sloop 
reached Bermuda. By the advice of Barrowe the Port 
Royal sailed southward and, endeavoring to touch at the 
Bahama Islands, was cast away near Abaco, one of those 
islands, on the 12th of January, 1669-70. The company 
reached the shore by means of the small boat, but many 
lost their lives on that island. Here Russell, the master 
of the Port Royals built a boat in which they got to Eleu- 
thera, another of the Bahama Islands, where he hired a 
shallop and sailed to New Providence, whence most of the 
survivors obtained transportation to Bermuda. The rest 
they left at Providence, except Barrowe and his wife, who 
went to New York.^ 

At Bermuda Sir John withdrew entirely from the 
management of the expedition, assigning as his reason 
that he was obliged to return to Barbadoes to be in readi- 
ness to act as one of the commissioners previously ap- 
pointed for negotiating with French commissioners in 
regard to their dispossession and expulsion of the English 

* Calendar of State Papers, Colonial^ London, 1889, 246. 
« Year Book City of Charleston (Courtenay), 1883, 369; ShafUshury 


settlers from their plantations in St. Christopher's Island 
in 1G66. Ui)on his withdrawal, he persuaded the advent- 
urers to take William Sayle, whom he describes as "a 
man of no great sufficiency yet the ablest I could meet 
with," and inserted his name in the blank commission 
which he had from the Lords Proprietors. A reason he 
assigned for doing this was that being a Bermudian he 
thought Sayle might induce others to embark with them 
in the enterprise. Thus accidentally was the first Gov- 
ernor of South Carolina appointed.^ 

The deputMions in blank were filled as follows : Joseph 
West, deputy for the Duke of Albemarle, Dr. William 
Scrivener for Lord Berkeley, Stephen Bull for Lord 
Ashley, William Bowman for Lord Craven. Florence 
O'Sullivan must have represented either Sir George 
Carteret or Sir Peter Colleton.* 

The appointment of Sayle gave rise to much discontent. 
A writer describes him as *' of Bermuda, a Puritan and 
nonconformist, whose religious bigotry, advanced age 
and failing health promised badly for the discharge of 
the tiusk before him.'* Two othera of the party, William 
Scrivener and William Owen, were for bringing suit 
against Sir John, but the matter was " salved over " and 
the expedition sailed from Bermuda February 26, 1669-70, 
a sloop having been procured in the place of the Port 

After leaving Bermuda, the expedition encountered bad 
weather again. The Carolina and the Bermuda sloop suc- 
ceeded in keeping near each other, but the Barbadian 
sloop was separated and did not rejoin the others until 

1 Tear Book City of Charleston (Courtenay), 1883, 369, 870; Hist, 
Sketches of So. Ca. (Rivers), 88. 

^ This lifil has been collated by and kindly given me by Langdon 
Cheves, Esq. 


about the 23d of May, more than a month after their 
arrival at Ashley River. 

Mr. Hugh Carteret, who was in the Carolina^ gives an 
account of his trip from Bermuda. He writes : — 

" Sayling thence on Feb'y 26th we came up with land 
between Cape Romano and Port Royall at a place called 
Sowee or Sewee and next day brought the ship in, through 
a very handsome channel and lay there at anchor a week." ^ 

The first landing of this expedition was thus made 
about March 17, 1670, in Sewee Bay at the back of Bull's 
Island. The name and the fact that '* the ship came in 
through a very handsome channel " establishes this with 
great certainty. The Indians there informed Sayle that 
a tribe known as the Westoes had ruined St. Helena and 
the country northward as far as Kiawha (Ashley River) 
about a day's journey distant. The Cacique of Kiawha, 
presumably the same who had endeavored to persuade 
Sandford to visit his country three years before, now 
again came to the ships and renewed the praises of their 
land. Taking him aboard after a conference, Sayle and 
his party left their anchorage and, sailing to the south- 
ward, entered Port Royal. It was two days before they 
could communicate with the Indians, who confirmed what 
had been told them at Sewee. 

During their short stay at Port Royal, Governor Sayle 
summoned the "freemen," according to the instructions 
accompanying his commission, to elect five men " to be of 
the council," and they elected Paul Smith, Robert Donne, 
Ralph Marshall, Samuel West, and Joseph Dalton as their 
representatives. This was the first election in South 
Carolina. We have no record whether it was by ballot 
or by poll. William Owen, "always itching to be in 

1 Tear Book City of Charleston (Courtenay), 1883, 370 ; from Sfiqftes- 
bury Papers. 


authority," censured the legality of the election, where- 
upon the freemen met a second time and confirmed their 
former choice. 

The expedition then left Port Royal and ran in between 
St. Helena Island and Combahee. Many went ashore 
at St. Helena and found the land good and many peach 
treesT^/Trom this point the Bermuda sloop was dis- 
patched to Kiawha to view that land so much com- 
mended by the Cacique, and word was brought back 
that the land was better to plant. After some discus- 
sion, the Governor favoring Kiawha, it was determined 
to settle permanently there. Anchors were weighed, the 
vessels stood to Hihe: north, and entering what is now 
Charleston harbor, then called by the Spaniards St. 
George's Bay, the colony landed in April on the first high 
point on the western bank of the Kiawha, which Sandford 
in passing had called the Ashley.^ The point on which they 
settled they named " Albemarle Point." 

Mr. Morris (or Maurice) Mathews, who was in the Bar- 
badian sloop procured to supply the place of the Albe- 
marle which was lost at Barbadoes, has left an account 
which enables us to follow that sloop in her perils after 
leaving Bermuda. 

On the 15th of May, by stress of weather, she was 
driven to the Island of St. Catharine about latitude 

1 Indians did not name rivers. Settlers in America often named them 
from the neighboring Indian tribes, but did not find them so called. 
Sandford says: **I demanded the name of this River. They told mee 
Edistowe still and pointed all to be Edistovoe quite home to the side of 
Jordan by which I was instructed that the Indians assigne not their 
names to the Rivers but to the Coimtryes and people." — Year Book CUy 
of Charleston (Courtenay ) , 1686, 276. The first colonists called this river 
Keawaw, or Ashley. On Culpepper's first map of the settlement, March 7, 
1672, Cooper River is put down as the Wando, and the present Wando 
as the Etiwan. 


31 degrees. There they proceeded to " wood and water " 
the vessel. They traded with the Indians and enter- 
tained them aboard the vessel. On the next day "a 
semi-Spaniard Indian" came aboard with a present of 
bread set for the master and promised pork in exchange 
for "truck," On the 17th the master and mate and Mr. 
Rivers, who also was in this company, three seamen and 
one man-servant went ashore with truck to buy pork — 
for the sloop's use. Two other men-servants went ashore 
to cut wood and two females to wash linen. The Spaniards 
and Indians treacherously made prisoners of a part or all 
ashore and commanded the sloop " to yield to the sover- 
eignty of St. Domingo." This demand was declined, 
whereupon the Spaniards, finding that their demands 
were not obeyed, opened fire with their muskets and 
bows, but only succeeded in damaging the vessel's sails. 
The next day a favorable wind springing up, the men 
aboard the sloop gave the Indians a parting salute with 
their muskets, which sent them beliind the trees, and 
hauled the ship out of gun-shot. Leaving the island, 
several days were spent in sailing about the Carolina 
coast until they arrived opposite "Odistash" (Edisto). 
Here the Indians welcomed them, told them of the English 
at Kiawha, and offered to show them the way over. The 
next morning they arrived at the entrance to Kiawha, 
where they met the Bermudian sloop going to fish, which 
piloted them into Kiawha River. The prisoners taken by 
the Spaniards were subsequently sent to St. Augustine.^ 

The colonists were thus once more united. Two out of 
the three ships that sailed from the Thames and some 
lives had been lost. Just how many of the original com- 
pany arrived at Kiawha cannot now be ascertained. The 

» Tear Book City of Charleston (Courtenay), 1883, 372 ; Colonial 
Beeords of -Yo. Ca,, vol. I, 207. 


company had been increased at Barbadoes, and some also 
had probably joined at Bermuda. One ship only of the 
original expedition reached Carolina. Five had been 
engaged in the expedition from the time the colonists 
left the Downes to the landing at Kiawha.^ 

It is a curious and interesting circumstance that just 
about this time Sir William Berkeley, the Governor of Vir- 
ginia, had commissioned John Lederer, a learned Grerman, 
to make explorations to the mountainous part of that 
province, and that in his wanderings with a single Indian 
guide he is believed to have reached the Santee, and if so, 
had he crossed that river and pushed on a little farther, he 
might have found Governor Sayle and the colony only 
just arrived. Dr. Hawks, the historian of North Caro- 
lina, however, upon a careful study of Lederer's journal 
as translated by Sir William Talbot, Governor of Mary- 
land, from the original, which was written in Latin, and a 
map which accompanied it, concludes, we think judiciously, 
that the wanderings of the learned German were within 
the present boundaries of the State of North Carolina.^ 

1 This account of the voyage of the colonists has been collated princi- 
pally from the Centennial Address of Major W. A. Courtenay, Tear Book 
City of Charleston^ 1883, and by him compiled from MS. Shaftesbury 
Papers of the So. Ca. Hist. Society, now about to be published. 

2 Hist, of No. Ca. (Hawks), vol. II, 43. 



The colonists, upon landing at Albemarle Point on 
the Ashley, entrenched themselves and began to lay out 
streets and town lots, and to build fortifications and 
houses. They were gladly received by the Indians in 
the neighborhood, whose Cacique had so urgently pressed 
them to settle there, not altogether unselfishly, however, 
but because of the protection the Kiawhas hoped the 
colony would afford them against the Westoes, who then 
inhabited the region about Port Royal, and of whom they 
stood in mortal dread, representing them as cannibals. 
The Kiawhas brought the settlers venison and skins for 
trade, and oysters were found in great plenty, though not 
so pleasant to the taste "as your Wallfleet oyster." 
The turkeys were bigger than those at home. As the 
Kiawhas, however, could not take care of themselves, still 
less could they secure the new-comers from the other Ind- 
ians, and the colonists were obliged to stand continually 
on their guard. While one party was employed in raising 
their little habitations, another was always kept under 
arms to watch the Indians.^ 

Nor were the Indians their only or their worst foes. 
The peace concluded between England and Spain in 1667, 
and the recognition by Spain of the rights of England 

» Calendar StaU Papers, Colonial, London, 1889, 255-257 ; Hewatt, 
JKrt. of 8o, Ca.j vol. I, 49. 

K 129 


to her possessions in America, was one of the induce- 
ments to the Proprietors to begin the settlement of their 
province. But Spain, while acknowledging the right of 
England to such possessions, had not agreed to any defini- 
tion of her territory. She had never admitted the right 
of England to that covered by the charters of the Pro- 
prietors. She still claimed a greater part of it as be- 
longing to Florida. Charleston harbor was still hers, as 
St. George's Bay. The Spaniards at St. Augustine were 
thus for near a century a thorn in the side of the colony 
of Carolina. There was a castle there usually garrisoned 
by about 300 or 400 regular troops. Besides these, the 
inhabitants of the towns, many of whom were mulattoes 
of savage dispositions, were all in the King's pay and 
formed into a militia, computed to be about the same 
number as the regular troops. This idle population, rely- 
ing on the King's pay only, giving no attention to agri- 
culture or trade, or any other peaceful pursuit, were ready 
at all times for mischievous adventures, and furnished a 
body whose deeds of hostility might be conveniently 
avowed or disowned as circumstances required. These 
people, regardless of the declaration of peace, had no idea 
of standing by and idly looking on the establishment of 
an English colony at St. George's Bay. They sent an 
expedition at once to break it up. The vessel they sent 
entered the Stono, but finding the colonists on their guard 
and stronger than they had expected did not attack, but 
returned to St. Augustine. They had, however, shown 
the settlers on the Ashley River that they were but an 
outpost to the other English colonies in America, liable 
at any moment to be attacked, and beyond the reach of 
timely assistance. Governor Sayle, notwithstanding his 
great age, shared in all the hardships with his fellow- 
adventurers and by his example animated and encouraged 


them to perseverance. In May the Carolina was sent to 
Virginia for provisions, and on the twenty-seventh day of 
June the Barbadian shallop was dispatched to Bermuda 
for settlers and for supplies. The Carolina returned on 
the 22d of August to Kiawha and in September was 
sent to Barbadoes, whence she did not return until early 
in the next year.^ 

Governor Sayle is said to have been a Puritan, and the 
style and tone of the following letter, which he wrote to 
Lord Ashley from Albemarle Point on the 25th of June, 
1670, is certainly in accordance with the temper of that 
religious class, though it was a clergyman of the Church 
of England for whose ministrations he was appealing — a 
clergyman for whom Sir John Yeamans had promised to 
procure a commission from the King to make him their 
minister. He writes : — 

"Though we are (att pr'sent) under some straight for want of 
provision (incident to the best of new plantations) yet we doubt not 
(through the goodness of God) of remits from sundry places to w'ch 
we have sent. But there is one thing which lyes very heavy upon us, 
the want of a Godly and orthodox minister w*ch I and many others 
of us have ever lived under as the greatest of o*r Mercys. May it 
please your Lords'p in my late country of Bermudas there are divers 
Minstr's of whom there is one Mr Sampson Bond heretofore of long 
standing in Exeter Colledge in Oxford and ordaigned by the late 
Bishop of Exeter the ole Do*r Joseph Hall. And by a commission 
from the Earl of Manchester and company for the Sumer Islands 
sent theere in the yeere 1662 for the term of three yeeres under whose 
powerful! and soul-edefying Ministry I have lived eight yeeres last 
past. There was nothing in all this world soe grievous to my spirit 
as the thought of parting with his Godly society and faithful 1 min- 
istry. But I did a little comfort myself that it might please y*r ^ Lord 
by some good measure or other to enclyne his heart to come after us, 
who hath little respect from some who are now in authority in Ber- 

^ Hewatt, Hi8t. of So. Ca., vol. I, 51. 
^ Probably should be ye. 


mudas w*ch is a great discouragm'nt to him, w*ch is taken notioe of 
in other places, and he is invited to Boston in New England and to 
New York by the Governor there tenders of large encouragement if 
he will come to ye one or other place. I have likewise writt most 
earnestly to him desiring that he would come and sitt downe with ns, 
assuring him that it is not only my urgent request, but withall the 
most hearty request of ye colony in generall, who were exceedingly 
affected with him and his ministry all the tyme they were in Ber- 
mudas.'* ^ 

Again in a letter of 9th September, in which Florence 
O'SuUivan, Stephen Bull, Joseph West, William Scrivener, 
Ralph Marshall, Paul Smith, Samuel West, and Joseph 
\ ' Dalton join, he urges the great want of an able minister 
by whose means corrupted youth might be reclaimed and 
the people instructed. The Israelites' prosperity decayed 
when their prophets were wanting, for where the ark of 
God is, he says, there is peace and tranquillity. 

The Lords Proprietors authorized an offer to be made 
to Mr. Bond of 500 acres of land and £40 per annum to 
come to Carolina, but they declared that though allowed 
to be a preacher among the colonists, they gave neither 
him nor Sayle authority to compel any one in matters of re- 
ligion, having in their Fundamental Constitutions granted 
a freedom which they resolved to keep inviolable. Mr. 
Bond did not come, but remained at Bermuda many years 

While Sayle and other leaders of the colony were 
doubtless men of strong religious character, the com- 
^ pany generally was composed of adventurers of the ordi- 
nary type ; men no doubt of irreligious and reckless 
lives. So we read that on the 4th of July, the Governor 
and Council, having been informed how much the Sab- 

^ Shaftesbury Papers; Calendar Statp Papers, Colonial (Sainsbury), 
1889, 202, 489 ; Year Book City of Charleston (Courtenay), 1883, 374. 
2 Anderson's Hist, of the Colonial Church, vol. II, 336. 


bath day was profanely violated, and of divers grand 
abuses practised by the people to the great dishonor of 
God Almighty and the destruction of good neighbor- 
hood, took seriously, into consideration by what means 
these evils might be redressed. And here at once the 
absurdity of the grand model of government with which V 
they had come encumbered, and the inadequacy and 
unsuitableness of their powers even under the instruc- 
tions to the Governor and Council, became apparent. By 
the latter, the Governor, with the five deputies of the 
Proprietors and the five '* freemen " elected at Port Royal, 
were to govern according to the limitations and instruc- 
tions of the Fundamental Constitutions as far as was 
practicable ; but they were required also to summon 
the " freeholders " to choose twenty persons who, with the 
deputies, were to form a Parliament. Now it was found 
that the number of freeholders in the colony were 
"nott neere suiiicient to elect a Parliam't." The Gov- 
ernor, thereupon, with the consent of his Council made 
such orders as were thought convenient to suppress the 
abuses.^ Such temporary orders were expressly provided 
for under the provisions of the charter, but had not been 
either under the constitutions or the instructions brought 
out by Governor Sayle. Nor was there found wanting in 
the colony one astute enough to perceive the dilemma, 
though there was no lawyer among these people, who by the 
constitutions were to attend each to his own law business. 
The Governor summoned all the people to hear the orders 
he had determined upon. Mr. William Owen, the same 
who had " censured the legality " of the election held at 
Port Royal, and who is now described as one " willing to 
doe any thing though ever so ill in itselfe, rather than 

1 Shaftesbury Papers; Calendar State Papers^ Colonial (Sainsbury), 
JLoudon, 18S9, 181 ; Year Book City of Charleston (Courtenay), 1883. 


not to appeare to be a man of accion,'" persuaded the peo- 
ple that without a Parliament no such orders could pass. 
In this he was supported by Dr. William Scrivener, deputy 
of Lord Berkeley. While the Governor and Council were 
discussing this new point and other matters, Owen, con- 
stituting himself manager and returning officer, held elec- 
tion on the 4th of July and took down the names of those 
elected. The Governor and Council, in their account of 
the matter, say that two of the Parliament men returned 
were servants — "Mich Moran a laboring Irishman and 
Rich Crossley set free by his master for idleness "; but 
among the Shaftesbury papers is one entitled " Mr. Owen's 
Parliament's Return," which gives the names of those 
elected ; viz. Maurice Mathews, Henry Hughes, John 
Jones, Thomas Smith, Henry Symons, Henry Woodward, 
Hugh Carteret, James Marschall, Anthony Churne, Will- 
iam Kennis, George Beadon, Jonathan Baker, Thomas 
Ingram, Thomas Norris, and Will Owen. The names of 
the two servants, Moran and Crossley, do not appear. 
Though " Mr. Owen's Parliament's Return " recites that 
the election was held by the Governor's orders and sum- 
mons, the Governor and Council took no notice of it, 
and the Governor's orders were published and received 
without further question. 

Owen and Scrivener were not, however, so easily sub- 
dued. The Governor and Council complain to the Lords 
Proprietors that Owen, finding himself " swallowed up in 
a general consent," fell upon a new stratagem, and per- 
suaded the people, especially the new-comers, that as 
there was no great seal in the province, unless a Parlia- 
ment were forthwith chosen to prevent it, their lands and 
all their improvements might be taken away at pleasure. 
" Now," says the Governor, " Owen hath hit the mark, he 
is what he would be, the leader of a company of people 

UNDEB the; pbopbibtaby government 185 

upon any terms, the people's prolocutor, and therefore 
must have room in the council to show himself and the 
people's grievances." The Governor and Council patientjy 
heard, they declare, Owen's argument upon the inter- 
pretation of their Lordship's instructions, after which the 
Governor made a speech to the people, giving them to 
understand his power and authority to assure them their 
lands until their great seal arrived, and that he intended J 
to summon a Parliament when opportunity served or 
necessity required ; whereupon, he says, all or most of the 
freemen were fully satisfied. Scrivener, however, he goes 
on to say, perceiving that Owen and himself were likely 
to lose reputation as men of understanding, rose up, 
and with more than ordinary heat desired the people* to 
take notice that he conceived their proposals — that is, 
that it was necessary to have a Parliament called to secure 
their lands from forfeiture — very just and reasonable, 
and that those who would not support them were dis- 
turbers of the peace and infringers of the people's lib- 
erties. This was more than the Governor and Council 
could stand, and they report that for such speeches, tend- 
ing to the slighting and utter destruction of the present 
government, and inciting the people to sedition and 
mutiny and consequently to the ruin of the settlement, 
it was that same day ordered that from thenceforth 
Scrivener be suspended from the Council, and that both 
he and Owen be incapable of bearing any public office or 
employment in the colony until further orders.^ Scriv- 
ener was, however, soon back in the Council. In Novem- 
ber Braine writes to Lord Ashley that there are but five 
men in the Council that have any reason, — Captain West, 

^ Shaftesbury Papers; Calendar State Papers^ Colonial^ London, 1889, 
213, 329, 471, 473 ; Year Book City of Charleston (Courtenay), 1883, 


Messrs. Bull, Scrivener, Dun, and Dalton.^ And Owen, 
too, whose election to Parliament by the people in July, 
1670 the Governor would not allow, some time after took 
his seat in the Council itself, as the deputy of Sir Peter 
Colleton.^ In the meanwhile he is in correspondence 
with Lord Ashley, who thanks him for his letters, which 
indeed are among the ablest written from the colony.* 
Writing to Robert Blaney, secretary to Lord Ashley, 
he speaks not unkindly of the Governor. He cannot 
believe but that the Governor is honest, but whether of 
parts sufficiently qualified in judging civil rights he can- 
not tell. A man for this place must be of parts, learning, 
and policy, and of a moderate zeal ; not strict Episcopal, 
nor yet licentious nor rigid " Presbyterian nor yet 
hypocritical, but saving himself in an even balance be- 
tween all opinions, but especially turning his fore to the 
church of England."* 

The Carolina^ under command of Captain Henry Bi*aine, 
which had been sent to Virginia in May, 1670, returned, 
as we have seen, to Kiawha on the 22d of August with sup- 
plies. Florence O'SuUivan had written to Lord Ashley by 
her, by the way of Virginia, and he wrote again on the 
10th of September, that the country proves good beyond 
expectation, abounding in all things, as good oak, ash, 
deer, turkeys, partridges, rabbits, turtle, and fish, and the 
land produces anything that is put into it ; for they had 
tried it with corn, cotton, tobacco, and other provisions, 
which did well, the lateness of the season considered. He 
had made discoveries in the country, and found it good, 
with many pleasant rivers. 

The Carolina had returned from Virginia in good time; 

1 Calendar State Papers, 329, 473. 

a Ibid, 721 ; Dalcho's Ch. Hist, 11. 

» Calendar State Papers, 261, 491. 

* Shqftesbtiry Papers ; Calendar State Papers, 473. 


for all the provisions were gone, and the colonists forced 
to live upon the friendly Indians, some of whom were 
very kind to them. She then sailed again for Barbadoes, 
seeking emigrants and fresh supplies. O'Sullivan was 
evidently not a Puritan, as Sayle was, nor did he believe 
in the doctrine of the Fundamental Constitutions, that the 
colony could get along without lawyers. He writes : — 

" Wee expect from yo' hono" a shipp from England w**" more peo- 
ple, yoa wold doe well to grant free passage to passengers for some 
smaU tyme for many would be willing to oome y* are not able to pay 
their passage, pray send us a minister quallified according to the 
Church of England, and an able councellor to end controversies 
amongst us and put us in the right way of the managem* of yo' coll 
— we hope now the worst is past if you please to stand by us " etc.^ 

Dr. Henry Woodward, who had been found at Nevis 
and was with the expedition when Sir John Yeamans left 
it at Bermuda, writes to Sir John on the same day that 
O'SuUivan writes to Lord Ashley (10th of September), 
excusing himself for not having written since his Honor 
left Bermuda for Barbadoes, and he with the others set 
forward for the main, and tells of a country he had dis- 
covered, so delicious, pleasant, and fruitful, that, were it 
cultivated, it doubtless would prove a second paradise. He 
describes it as lying west by north fourteen days' travel 
after the Indian manner of marching.^ He had formed 
a league with the Emperor of this land of (^hufytachygs 
and of all the petty " cassiks " between the Emperor and 
themselves, and so upon his return, the Carolina being 
still absent on her voyage to Virginia and provisions run- 
ning low, he had been enabled to procure provisions from 
the natives. He tells of the threat of invasion by the 

^ Shaftesbury Papers; Colonial Becords of No. Ca., vol. I, 207. 

* Supposed to be the land of Cofachiqui, visited by I)e Soto in 1540, 
near or upon the sources of the Savannah River, where the States of 
North and South Carolina and Georgia border upon each other. 


Spaniards, which he conceived was designed in the hope 
of intercepting the Carolina on her return from Virginia, 
yet it pleased God the ship arrived safely with her most 
convenient supply.^ 

Governor Sayle's health, from his great age and the 
fatigue and exposure incident to the settlement of the 
colony, soon failed. On the 30th of September he exe- 
cuted a will whereby, declaring himself weak in body, but 
(blessed be God) in perfect mind and memory, he devised 
" his mansion house and Town Lot in Albemarle Point to 
his eldest son Nathaniel Sayle." He lived, however, 
until the March following, when he died, aged about 
eighty years.^ He was authorized by his commission, with 
the advice and approbation of his Council, to nominate a 
deputy to succeed him in case he should die or depart 
from the province, who should act as Governor until the 
pleasure of the Proprietors should be known. ^ On the 
morning of the 4th of March, finding his strength failing, 
but in full possession of his senses, he sent for his Council 
and nominated Joseph West as his successor under this 
power. The nomination was approved, and upon his 
death West assumed the government.* 

The death of the Duke of Albemarle had preceded Gov- 
ernor Sayle's a few months. Lord Ashley writes to West 
on the 1st of November, that the present Palatine is Lord 
John Berkeley, Lord Lieutenant of Ireland, who has suc- 
ceeded the Duke of Albemarle, deceased.* But his Lord- 
ship was not regularly admitted as such until the 20th of 
January, 1669-70.6 

^ Shaftesbury Papers; Colonial Becords of No, Ca., vol. I, 208. 
2 Hist. Sketches of So. Ca. (Rivers), 96 ; Appendix, 386. 
8/fei<f.,340, 341. 

* Shaftesbui'y Papers; Calendar State Papers (Sainsbury), London, 
1889, 472 ; Tear Book City of Charleston (Courtenay), 1883, 376. 
'* Calendar State Papers, Colonial (Sainsbury), London, 1889, 818. 
^ Colonial Becords of No. Ca., vol. I, 180. 


The Council organized by Sayle continued to govern 
the colony until the Proprietor's ship, the BleBsing^ 
brought further instruction in August, 1670. Captain 
Halsted, the master, was, by these instructions, upon 
reaching the Ashley^ first to deliver eight small guns with 
their carriages to the Governor and Council, and then 
with all convenient speed to procure a loading of timber 
staves and other commodities suitable for the market at 
Barbadoes, to which he was to sail as soon as he secured 
his freight. During the lading of his vessel he was to 
take a strict and particular account of the stores which 
had been brought out by West as storekeeper, also of the 
cargo from Virginia and the provisions received from Ber- 
muda. West and Braine, while at Bermuda, had drawn 
on Mr. Colleton for 12,000 pounds of sugar, and had 
since drawn on him for a similar amount. Captain Hal- 
sted was to inquire in what this sugar was laid out, also 
for the beef and flour Mr. Colleton had sent. He was to 
take a receipt of Mr. West for the cargo he was to 
deliver. If he had time during the lading of the ship, he 
was to take a view of the country, especially of Ashley 
River, to seek a healthy highland convenient to set out a 
town, as high up as a ship could well be carried, and to do 
the same in Wando and also "Sewa River." He was to 
inquire concerning the healthfulness, richness, and other 
properties of the soil, especially whether the country pro- 
duced timber for masts. As soon as his vessel was laded, 
he was to sail for Bridge Town, Barbadoes, there to dis- 
pose of the timber upon the best terms, consulting Sir 
John Yeamans and Mr. Thomas Colleton as to the best 
course for securing passengers for Ashley River, which 
was to be the main purpose of his voyage thither. At 
Barbadoes he was also to inquire about those bills charged 
upon them by Mr. Colleton. As soon as he had secured 


passengers, he was to sail again for the Ashley River and, 
delivering them there, to sail to Virginia, and then to lay 
out the produce of the rum and sugar he was to take in at 
Barbadoes, in cattle which he was to take back to the Ash- 
ley. His instructions then provided for another voyage 
to Barbadoes with lumber, the proceeds of which he was to 
invest in a cargo fit for the Bahamas, where he was also 
to seek passengers back to the Ashley. In all his trips to 
any place in the West Indies he was enjoined to remember 
^N. that the chief employment of his ship should be to carry 
people to their plantation on the Ashley, and that traffic 
was to be subservient to this purpose.^ 

Captain Halsted also brought out with him a set of 
^<\ laws, styled "Temporary Laws," which the Proprietors 
had adopted to be administered until there was a sufiBcient 
number of inhabitants to warrant the enforcement of the 
Fundamental Constitutions in all particulars ; but these 
Temporary Laws did but little to relieve the situation. 
The officers and machinery of the government retained 
' were out of all proportion to the numbers of the colony. 
The government as prescribed was still absurdly top-heavy. 
For a colony at first of not more than 200, and which in 
two years did not double its numbers, it was still proposed 
to maintain a Grand Council, Parliament, and numerous 
officers of the highest grade known to European govern- 
ments. The Palatine was to name the Governor, and each 
Lord Proprietor a deputy, which deputies, and an equal 
number of others chosen by the Parliament, should con- 
tinue to be counsellors until the Proprietors should order 
a new choice or the country be so peopled as to be capable 
of the grand model of government. When Landgraves 
or Caciques should be created by the Proprietors, so many 
of the eldest of them as should be resident in the province 

1 Hist, Sketches of So. Oa. (Rivers), Appendix, 369-802. 


fts would equal the number of the Lords Proprietors' depu- 
ties should be added to the Council, so that the nobility 
should have a share in the government. The Governor 
wiHh.the_Lqrd8^Proprietors' deputies, the Landgraves, and 
Caciques (of the Council), and those chosen by the Parlia- 
ment were to .be a .Grand Council and have all the power 
and authority of such under the constitutions and of 
other courts until they should be evicted. Besides these 
there were to be a Chief Justice, who should appoint a 
Chief Marshal, a Chancellor, Treasurer, High Steward, 
High Chamberlain, Admiral, Secretary, Receiver, Sur- 
veyor, Register, and Marshal of the admiralty. 

To suit the beginning of the government and to prevent 
the taking up great tracts of land sooner than they could 
be settled, it was provided that until by the increase of 
the inhabitants parts of seventy-two colonies should be 
possessed by the people, each Proprietor should have but 
three seigniories and each Landgrave and Cacique but one 
barony. Lords of baronies and manors were to be required 
to have each upon his barony thirty persons and upon 
his manor fifteen within seven years after the date of his 

To these provisions were added two others. First, 
that no Indian upon any occasion or pretence whatsoever 
was to be made a slave or without his own consent be 
carried out of the country. Second, a provision for keep- 
ing full the number of the deputies of the Proprietors in 
the Council by directing how vacancies should be supplied.^ 
Notice was brought at the same time that Mr. James 
Carteret, Sir John Yeamans, and Mr. John Locke had 
been made Landgraves.^ The Royal charter, as we have 
pointed out, empowered the Proprietors to confer titles 

1 HiBt. Sketches of So. Ca, (Rivers), Appendix, 351, 368. 
s Ibid,y 103 ; Appendix, 368. 


only " upon such of the inhabitants of the province *' as 
they should think fit ; but here we see them in the very 
outset making persons who had never even been in the 
colony of Carolina Landgraves. Captain Halsted was also 
instructed to tell the settlers, with reference to the supply 
of provisions which he carried to them, that the Proprietors 
had " been so much out of purse " for their good that it 
was expected of them in return to be "fair and punctual" 
in repaying what they had got ; " upon which fair dealing 
of them will depend the continuation of our supplies." 

We cannot refrain from remarking, observes Rivers, 
that the " true and absolute lords " of the immense region 
of Carolina, with all its mines, quarries, and fisheries, whose 
object was declared to be the diffusion of the Christian 
religion among those who knew not God, must now have 
appeared to the colonists to abandon their dignity and 
best policy for sordid calculations. Instead of the Gospel, 
the Indians were offered only glass beads ; and the needy 
colonists, who were yet struggling to maintain themselves, 
were required to repay what had been granted them (with 
ten per cent interest) by preparing cargoes of timber " at 
moderate rates." Their Lordships were already "so much 
out of purse " for their benefit that unless punctual pay- 
ment should be made, the settlers should expect from 
them no ammunition or fish-hooks, blankets or provisions. 
At the same time a nobility was thrust upon them, the 
first set of the "unalterable" Fundamental Constitutions 
were repudiated and another set with essential alterations 
substituted, and numerous laws established without the con- 
currence of the people as the charter provided, and to which 
thoy were required to yield an unmurmuring obedience. 

All these circumstances, however, were not yet known 
ill the infant colony, and comparative harmony prevailed 
through the prudent management of Governor West, who 




looked rather to the necessities by which he was surrounded 
than to the plans and theories that emanated from the 
other side of the Atlantic.^ 

The colony increased but slowly. The Carolina Packet^ 
having returned from Virginia, sailed again for Barbadoes 
in September, 1670. Upon her arrival there, Major Kings- 
land, Thomas Colleton, and Sir John Yeamans issued a 
proclamation stating that the Proprietors had provided 
the vessel for the transportation of such people, with their 
servants, negroes, and utensils, as would be ready to depart 
in thirty days. They promised that each person who had 
underwritten 1000 pounds of muscovado sugar towards de- 
fraying the expenses of Captain Hilton's voyage of dis- 
covery in 1664 would have lands allotted to him. Those 
who were minded to go, but unable to pay their own passage, 
would be transported upon their agreeing, within two years 
after their arrival, to pay 500 pounds of merchantable 
tobacco, cotton, or ginger, or of whatever they should first 
produce. Mr. John Strode and Mr. Thomas Colleton 
also fitted out a vessel of their own, the John and Thomas^ 
and made great exertions to procure emigrants. The 
Carolina sailed from Barbadoes early in 1671, with sixty- 
four new settlers, and the John and ThomaB took to the 
Ashley forty-two more. Among the latter was Captain 
Godfrey, who had been a deputy in the Council in Barba- 
does and who went out upon the persuasion of Sir John 
Yeamans. He took with him five men, — hands, as they 
were called, — also Mr. Gray, overseer to Sir John, who 
carried ten able men, most of them carpenters and sawyers.^ 
There were also of the party Captain Thomson and Mr. 
Culpepper. These, Stephen Bull writes to Lord Ashley, 

1 Hist. Sketches (Rivers), 104, 105. 

* Calendar State Papers, Colonial (Sainsbury), London, 1889, 313, 
338, 344, 432. 


were all settled within five days, as close together as con- 
venient. The greatest distance that any person or family 
is seated, he says, is less than two miles either up or 
down the river from the town. In August, 1671, the 
Blessing brought out several families from England and, 
sailing at once for New York, returned in December with 
a company of emigrants from the Dutch settlement of 
Nova Belgia, which had recently passed under English 
rule. The ship Phoenix also brought a number of families 
from the same place. The principal of these new-comers 
was Mr. Michael Smith with whom a committee of council 
were directed to lay off a town to be named James Town, 
the houses in which should be twenty feet long and fifteen 
feet broad at least. It was ordained that in future a list 
of all immigrants should be recorded in the Secretary's 
office and that captains of vessels should give bond not to 
carry off any of the inhabitants without a special license. 
Before the furnishing of such list and bond, no vessel 
could land any part of its cargo. ^ 

On the 20th of January following, 1671-72, Joseph Dal- 
ton, Secretary of the colony, writes to Lord Ashley : " By 
our records it appears that 337 men and women 62 children 
or persons under 16 years of age is the full number of 
persons who have arrived in the country tn, and since the 
first fleet out of England to this day, whereof 43 men 2 
women 3 children are dead, and 16 absent so as there now 
remains 263 men able to bear arms 69 women, 59 children 
or persons under 16 years of age."^ 

With the Temporary Laws, a model of a town was also 
sent, referring to which Oldmixon, writing in 1708, causti- 
cally observes : " It will be well if the people of Carolina 

J HiHt. Sketches of So. Ca. (Rivprs), 100. 

2 Calendar State Papers, Colnnfnf, Lon-lon, 1880, 7.36 ; Tear Book 
City of Charleston (Courtrnay), 1^ '\ ".; ': Hist Sketches (Rivers), 100. 


are able to bnild 100 years hence; but the Proprietaries as 
appears by their constitutions and instructions to the Gov- 
ernors thought 'twas almost as easy to build towns as to 
draw schemes."^ Paying no attention to the model, and 
not even regarding the instructions of the Proprietors to 
the Governor and Council that in the first town the houses 
should be built so that the guns of the fort might com- 
mand all the streets, it ap{)ears that the land was promis- 
cuously taken up and occupied as a town without any 
regard to its form or convenience. As early as the 1st of 
November, 1670, Lord Ashley wrote to West that he was 
to take notice that Ashley River had been so named by 
Sandford, and was still so to be called, and that the town ^^ 
as now planted out is to be called " Charles Town." But 
it was not until the 1st of September, 1671, that the name 
appears to have been adopted. ^ 

In order to provide for the accommodation of the newly 
arrived emigrants, the Governor and Council, on the 5th of 
September, 1671, directed the Surveyor General to lay out 
a town on Stono Creek, adjoining land of Mr. Thomas 
Gray, near Charles Town, containing twenty-five acres, of 
which five acres were to be reserved for a churchyard. 
For the Dutch from New York, on the 20th of December, a 
town was ordered to be laid out on a creek to the south 
of Stono, to contain thirty acres. The place was soon 
abandoned, the settlers spreading themselves over the 
neighboring country. Lands were soon taken up on the 
east side of the Ashley, and settlements were formed in 

1 Oldmixon, Carolina (CarrolPs Coll.)^ 406. 

« Calendar State Papers, Colonial, London, 1889, 124, 196, 265, 
During the Proprietary Government the name of the town was written 
thus, Charles Town, During the Royal Government it was written 
Charlettown; and since the incorpoi-ation of the city, after the Revo- 
lution (1783), it has been written Charleston, 



various parts of the neighborhood. On the 24th of October 
connniHsioners were appointed by the Grand Council to 
examine the banks of the Ashley and the Wando, or 
Coojwr, River, "and to make a return of what places 
might be most convenient to situate towns upon, that the 
Miiine might be wholly reserved for these and other like 
UHes.*' And again, January 13, 1671-72, Captain John 
(lodfroy, C^aptain Thomas Gray, and Mr. Maurice Mathews 
wore appointed to so view Wando River and there to mark 
Muoh place or places as they should think most convenient 
for the situation of a town or towns, and to report thereof 
with all convenient speed ; and it was ordered that no 
lH)rMon should run out or mark any lands on the Wando 
or any of its creeks until such report should be made. 
The colonists were thus exploring and examining the 
country around before they finally settled upon the per- 
manent location of the town.^ 

While they were thus engaged,, the Indians began to be 
troubloHome. The tribe of Kussoes, inhabiting northeast 
of the ('ombahee River, were the first among the neigh- 
boring tribes to assume an attitude of open hostility. 
They and their confederates in the small tribes began in 
th« Hummer of 1671 to withdraw themselves from their 
UHUiil familiar intercourse with the colonists, and to dis- 
courage other Indians who were friendly and in the habit 
of viHitiiig the town for the purpose of traffic. The Kus- 
MooH dtMilared themselves to be in favor of the Spaniards, 
wilh whose aid they intended to destroy the English 
Hi»lUonuuitH. Day by day their behavior became more 
(liMohMit, and on every slight occasion they threatened the 
livi^ii* of the whites, whose property and provisions they 
l^ioKoil upon as objects of plunder. Every unguarded 
(nvm nulToriid from their nightly depredations. More 

» Dalcho'8 Ch. HisL, 12, 13. 


open acts of hostility were only prevented by the constant 
vigilance of the settlers. 

On the 27th of September the Governor and Council 
declared war against the Kussoes and their confederates. 
Commissions were granted to Captain Godfrey and Cap- 
tain Gray. Two Kussoes who were then in town were 
immediately seized and placed in custody. So accus- 
tomed, says Rivers, were the colonists to be on the 
alert and to bear weapons in hand to protect themselves 
from surrounding dangers that within seven days com- 
panies were formed, the enemy's country invaded and 
surprised ; many of the Indians were taken captive and 
ordered to be transported from Carolina, unless the remain- 
ing Kussoes sued for peace and paid such a ransom for the 
prisoners as should be thought reasonable by the Grand 

In the winter of 1671 a scarcity of provisions rendered 
it probable that the settlers would suffer great distress. 
Governor West wisely ordered that all the supplies in the 
store of the Proprietors should be frugally distributed to 
the needy ; that all occupations, except those of carpenters 
and smiths, should be suspended for the planting and 
gathering of a crop of provisions ; that in future no one 
should be entitled to assistance from the public stores who 
had not two acres well planted with corn or peas for every 
person in his family ; and that slothful and loitering per- 
sons should be put in charge of the industrious planters 
for the purpose of working for their own maintenance 
and the benefit of the community. 

It will serve, says Rivers, to exhibit the condition and 
progress of the colony during West's first administration 
to notice the legislative measures taken by him with the 
Grand Council. 

» Hist. Sketches of So, Ca., 106. 


October^ 1671. The regulation of the secretary fees ; 
tlie ratcH and "scantings" of merchantable pipe staves^ 
requiring the appointment by Council of one or more 
" viewers " to examine all pipe staves when " any difference 
sliould happen upon payment or exchange between party 
and party in the province of Carolina," and fees allowed 
for the [)orformance of such duties ; the modelling of the 
pr()(*>ee(lingH of Council in the determining of differences 
between party and party. 

December^ 1671. Acts relating to masters trading with 
NcrvantH and servants purloining their masters' goods ; 
prescribing how long servants coming from England were 
to serve, and how long servants coming from Barbadoes 
were likewise to serve from their respective arrivals ; 
that none may retail any drink without license; for the 
HpcMidy payment of the Lords Proprietors' debts ; and pre- 
scribing '* at what rates artificers and laborers shall work 
therein," i,e, the province. 

'I'his hist is the first act of Parliament we find to be rati- 
fied by the Proprietors in England.^ No courts were yet 
eHtablislied, nor were there any lawyers in the colony, but 
litigation had already begun, and justice was roughly ad- 
miniHtered by the Grand Council. Each member of this 
body was required to swear that as a councillor he would 
assist the Governor to the best of his skill and ability ; that 
he would do equal justice to the rich and to the poor ; 
that he would " not give or be of couucill for favor or affec- 
tion in a difference or quarrell" before the Council, but in 
all things (hmiean himself as equity and justice required, 
oliMurving the rules and directions of the Lords Proprietors 
iUid the laws of England and of the province ; and that he 
would not eommunicate the secrets or transactions of the 
Ui*voi'Uor and Council without authority.^ 

» ti^ni Mkv^^t» o/*V(». Ca (Rivers), 106, 107. » Ibid.y Appendix, 370. 


The first case of litigation in the colony of which we 
have a record was that upon the petition of John Norton 
and Originall Jackson against Mr. Maurice Mathews, Mr. 
Thomas Gray, and Mr. William Owen. On August 28, 
1671, it was ordered that the petitioners should appear 
before the Governor and Council upon Saturday, Sep- 
tember 9, peremptorily to prosecute the complaint against 
the defendants. When that day came, upon hearing the 
petition, both parties having referred themselves to the 
determination of the Governor and Council, it was de- 
cided that the said John Norton and Originall Jack- 
son should have sixteen pieces of cedar timber desired 
and one piece of cedar timber more claimed by the 
defendants. The Governor and Council heard another 
case this day and decided that Henry Hughes should pay 
one bushel of corn to Robert Donne for his labor and 
pains on the plantation of the said Henry Hughes. 
Having settled these cases, the Council took up the ad- 
dress of two servants of Mr. John Manerich (^Maverick ?^^ 
and considering how industrious and useful these servants 
had been to the colony, for their encouragement ordered 
that each of them should have ten acres of land near the 
town. In November Mr. Anthony Churne has a complaint 
against the now notorious Mr. William Owen, but the 
difference is referred by the Grand Council to the arbi- 
tration of Mr. Edward Mathews and Mr. John Culpepper. 
Mr. Henry Hughes is also again in court ; this time with 
a serious complaint against Thomas Screraan, gentleman, 
" for that the said Thomas Screman upon the of Octo- 
ber 1671 at Charles Town did feloniously take and carry 
away from the said Henry Hughes, one Turkey Cock of 
the price of tenn pence of lawful money contrary to the 
peace of our sovereign Lord the King," etc. It is to be 
observed that in this the first indictment in the Pala- 


tine province of Carolina the offence is laid as contra 
. pacem domini regis^ and not against the peace of the 
Palatine, as might have been under such a government.^ 
The Grand Council found gentleman Screman guilty, 
and without jury adjudged him to be stript naked to the 
waist and to receive nine lashes by a whip, to be admin- 
istered by the hand of Joseph Oldys, "who is adjudged by 
the Grand Council," the sentence proceeded, " to be stript 
naked to his waist to perform the same for that the said 
Joseph Oldys knowing of the felonious act aided said 
Screman and endeavored to conceal the offence." But 
the Council did not stay its hand here. It turned out in 
the evidence that Robert Donne, who had come out as a 
servant to Stephen Bull, but who had been one of those 
elected as a member of the Council at Port Royal, and to 
whom Henry Hughes had two months before been required 
to pay a bushel of com for services rendered and now 
a Captain Lieutenant, had nevertheless been " comforting 
aiding and assisting the said Screman to commit the 
said fact" ; whereupon the Grand Council ordered him to 

appear on the of December at the head of the company 

whereof he was Captain Lieutenant, with his sword on, 
and there to have his sword taken from him by the 
Marshal, and to be cashiered from his command. Dennis 
Mahown, servant to Mr. John Cole, for having twice 
run away from his master, attempting to escape to the 
Spaniards, was ordered to receive thirty-nine lashes upon 
his naked back. Captain Thomas Gray makes complaint 
against Sir John Yeamans, Baronet, "for felling and 
carrying away severall quantity es from a certaine parcell 
of land neare the Towne belonging to him the said Capt. 
Gray. It is also ordered by the Grand Councill aforesaid 
that an injunction be issued out under the Governor's 

^ Blackstone^B Com.^ vol. I, 117. 


liand," etc.^ Thus were equity and law, civil and criminal ^ 
proceedings, promiscuously administered and perhaps with 
as much substantial justice as could have been by a 
regularly organized court. 

It had been rumored, even before Sayle's death, that 
Sir John Yeamans would be appointed Governor by the 
Lords Proprietors, and the report was received with great 
disfavor. The day before the Governor's death West 
writes to Lord Ashley that he lies in a very weak con- 
dition, and past all hope of recovery. He hopes that an 
honest and able Governor may speedily be sent over — 
one that desires to serve God above all worldly interest. 
" If Sir John Yeamans comes amongst them again, it is to 
be feared a hopeful settlement will soon be elapsed."^ 
The Council wrote on the 4th, announcing Sayle's death and 
informing the Proprietors of their choice of Joseph West to 
be Governor until they learn their Lordships' pleasure, and 
add that it had been hinted that their Honors had designed 
to commissionate Sir John Yeamans again as Governor ; 
they had good reason to believe the contrary, " for it doth 
breed a very great dissatisfaction to the people."^ 

Sir John, having abandoned the colony at Cape Fear, 
and having again abandoned the colony destined for Port 
Royal and left it at Bermuda, had now come to Carolina 
and was at present on the Ashley, felling timber. He had 
brought with him from Barbadoes his negro slaves, — the 
first introduced into Carolina, — and had built a house in 
the town. We shall soon see how his presence affected 
the condition of the colony ; for the present the extracts 
we have given from the records of the Grand Council 
enables us to gauge somewhat the material and social 
condition of the colony at this time. 

1 Hist. Sketches of So. Ca. (Rivers), Appendix, 371, 377. 

* Calendar State Papers^ Colonial (Sainsbury), London, 1889, 428. 

» Ibid., 433. 



It was the observation of a great political philosopher 
that so deeply seated is the tendency to conflict between 
the different interests or portions of a community, that 
parties would be formed, even though it would be possible 
to find a community where the people were all of the same 
pursuits, placed in the same condition of life, and in every 
respect so situated as to be without inequality of con- 
dition or diversity of interest.^ The truth of this was 
singularly illustrated in the planting of Carolina. It 
might have been expected, observes another writer, that 
these adventurers, who were all embarked on the same 
design, would be animated by one spirit and zealous to 
luaiutain harmony and peace among themselves, for they 
had all the same hardships to encounter and the same 
onemies to fear ; yet the reverse took place. ^ But while 
th«n» doubtless existed the strongest motives to unity and 
harmony among these pioneers in the province, — motives 
of IntoroHt and of apprehension of danger which pressed on 
all ullko, — unfortunately there was added to the natural 
(piidtinov to the formation of parties in all communities, 
\\\^ Int^HlMtiblo influence of the extraordinary forms of 
^Mvorinnout under which they had embarked. 

No! only woro the Governor and Council sworn to the 

* 4 IM*y»W*^r«»'i fin (Jov^rnment, Calhoun's works, vol. I, 17. 



observance of the instructions of the Lords Proprietors and 
to the enforcement of the Fundamental Constitutions, as far 
as practicable, but these Constitutions, as the unalterable 
form and rule of government, had been engrossed on 
parchment and after having been signed and sealed by 
the Governor, were required to be subscribed by every 
person before he was admitted to take up lands in the 
province.^ These instructions to the Governor and Coun- 
cil, as well as the Fundamental Constitutions so solemnly 
adopted, upon the test of actual experiment were found 
to be utterly impracticable in application. Here in the 
very beginning of the colony was there an artificial as 
well as natural foundation of two parties. What more 
certain cause of difference could there be than a written 
constitution incapable of enforcement ? Poor old Gov- 
ernor Sayle, weak in mind as well as body, accustomed 
only to the command of a ship under instructions from 
his employers, finds himself confronted by the first '* strict 
constructionists " of Carolina, pointing out to him the 
inconsistencies and absurdities of his orders. Sayle suc- 
cumbed to the burden, physical and mental, but the ques- 
tions brought over from Whitehall remained. 

Two parties had already been formed. The Council ' 
— the government party — finding their instructions 
impracticable, and yet with the responsibility of the 
government upon them, for the present, at least, more 
concerned for the immediate safety and welfare of the 
colonists than for the maintenance of the wild schemes of 
the Proprietors, were inclined to stretch their powers. ^ 
The Owen and Scrivener party on the other hand, from 
whatever motives actuated, were endeavoring to hold the 
Governor and Council to a strict compliance with the terms 

* Hist. Sketches of So. Ca. (Rivers), Appendix, 418. 
2 Ibid., 106. 


of the parchment they had been required to subscribe. 
These divisions had already arisen among the colonists 
from England. There was another element in the com- 
position of the colony now asserting itself, of which the 

overnor was very jealous, i.e. the Barbadian immi- 

ants, bringing with them as they did colonial experi- 
ence, habits, and customs, which had grown out of, and 

re more practically adapted to, the condition of colonial 
i^o^iety — rather than the fine-spun theories and grand 
(governmental structures of a philosopher and doctrinaire. 
The immigrants from England were all strangers to the 
business of settling plantations in the new country. The 
CoUetons, Sir John Yeamans, Captain Henry Braine, Dr. 
Henry Woodward, Captains Godfrey and Gray, old colo- 
nists, looked down upon the new-comers to America as 
novices in colonial life and government, and were dissatis- 
fied with their management of the colony. It was by the 
Governor and the Council's "ill contriving," they said, 
"that neither Mr. Rivers nor the rest had been brought 
away from " St. Augustine.^ Braine had written before 
Sayle's death that he would pawn his life that Sayle " is 
one of the unfittest men in the world for the place," and 
" his being Governor keeps our settlement very chargeable 
to their Lordships. But though the Governor is crazy yet 
if there were a wise Council, or three or four men of 
reason, planters^ who knew what did belong to settle such 
a country, it would be to the good of the country and their 
Lordships' interests." 

We do not know exactly when Sir John Yeamans 
arrived in Carolina. On the 15th of November, 1670, he 
writes from Barbadoes to the Lords Proprietors, sending 
" 12 cedar planks as the first fruits of that glorious prov- 
ince," i.e. Carolina. He was still there in the early part 

1 Calendar State Papers, Colonial (Sainsbury), London, 1889, 343, 346. 


Ediiig the transportatioD of the 
Aud Lord Ashley addressed 
nuking him " for the first fruits of 
lllley from his hands." ' As late as 
instructeil Captain Halsted if he 
iAoBH to consult Yeamans there.' It ap- 
i letter of Governor West to Lord 
[ arrived in the colony, at the latest, 
, and had expected to have been at once 
I Governor by reason of his being a Land- 
t writes that within two or three days of his 
r Sir Jolin retired to hi» country house disgusted 
J people did not incline to salute him Governor." 
i that as more ))eople had arrived, on the 8th of 
July, he, West, had summoned all the freemen and re- 
quested them to elect twenty persons to be of the Parlia- 
ment, which was done in three days ; that Sir John was 
chosen Speaker, hut that a dispute arose about choosing a 
clerk, and whether West was made Governor according 
to the Lords Proprietors' directions. Sir John also made 
the point, he said, that there must be three deputies be< 
sides the Governor, and that it would be in vain for them 
to proceed unless West would surrender his power as 
Governor and make the third deputy. It will be remem- 
bered that the five original deputies were West, Scrivener, 
Bull, Bowman, and O'Sullivan. Bowman had not come 
oat, and the Council had suspended Scrivener, so that to 
comply with the Proprietors' instructions requiring at 
least three deputies to constitute a quorum, West must 
be counted as well a deputy as Governor. West would 
not adopt Sir John's view, but dissolved the Parlia- 
ment ; Sir John and his party went away much dissatis- 


fied. West writes that Yeamans's conduct was much 
resented by the people, who began to murmur that " Sir 
John intended to make this a Cape Fear settlement." ^ 

Five days after, West summoned the Parliament again 
to elect five councillors ; when Sir John, says West, 
preached the doctrine that in all elections those who will 
stand at the greatest distance from the Governor should 
be chosen. 2 We have the record of this Parliament, the 
first held in the province. It was held on the 25th of 
August, 1671, at Charles Town, upon Ashley River, and 
the five persons chosen to represent the people were Mr. 
Thomas Gray, Mr. Maurice Mathews, Lieutenant Henry 
Hughes, Mr. Christopher Portman, and Mr. Ralph Mar- 
shall. These were presented to the Governor and the Lords 
Proprietors' deputies as members of the Grand Council for 
the people. At a meeting of the Governor and Council 
on the 28th, there were sitting and present the Governor, 
Sir John Yeamans, Captain John Godfrey, Mr. William 
Owen, Mr. Thomas Gray, Mr. John Foster, Mr. Maurice 
Mathews, Mr. Henry Hughes, and Mr. Ralph Marshall.® 
The Barbadians had already acquired position. Sir John 
Yeamans appears as deputy for Lord Berkeley, John 
Godfrey for Earl Craven, and Thomas Gray represents 
the people in the Council. John Coming, Halsted's 
mate, writes to Sir John Colleton that the Barbadians 
endeavor to rule all.* They had joined Owen, Mathews, 
and Sullivan against Governor West.^ Lord Ashley 
was the recipient of complaints from all parties. West, 
Bull, Braine, Godfrey, and Dalton all complain of O'Sul- 

1 Calendar State Papers, Colonial (Saiusbury), London, 1889, 612. 

2 Ibid, 

8Dalcho'8 Ch. Hist., 11. 

♦ Calendar State Papers, Colonial (Sainsbury), I^ndon, 1889, 277, 

^ Ibid., 279. 


livan as incompetent as a Surveyor ; some of them object 
to his conduct.^ Yeamans charges that West is proud and 
peevish, and will not call a Parliament for fear his election 
or actions should be questioned.^ Halsted says that West 
is a person faithful and stout, but no good Governor; that 
Yeamans is disaffected and too selfish.^ Gray accuses 
West of turning Scrivener and Mathews out of the Coun- 
cil, and declaring he cared not what became of the govern- 
ment. Lord Ashley replies to them all, addressing each 
as his "very affectionate friend." John Locke's con- 
nection with Carolina was not only as the author of the 
Fundamental Constitutions, but it is well known that 
he took a deep interest in the settling of the colony. 
Living at Exeter House with Lord Ashley as his secre- 
tary, he continued to attend to its affairs, and took great 
part in its management during Shaftesbury's rule. Many 
of the letters in the letter book of the Shaftesbury col- 
lection are in his handwriting, and it may be inferred 
that these of Lord Ashley were all written by him.* 

The Fundamental Constitutions provided that the eldest 
of the Lords Proprietors who should be personally present 
in Carolina should, of course, be the Palatine's deputy; 
and if no Proprietor be present, then the eldest of the 
Landgraves. Sir John Yeamans now asserted his right 
under this provision. At a meeting of the Grand Council 
on the 14th of December he claimed that as he was a Land- 
grave — and the only Landgrave present, — he was there- 
fore Vice Palatine, and consequently Governor of the 
province ; ^ it does not appear, however, that he could get 

1 Calendar State Papers, Colonial (Sainsbury), London, 1SS9, 269, 
27S, 329, 472, 736. 
« Ibid., 278, 664. 
• Ibid,, 278. 
« Ibid., Preface, xxL 
» Md., 281. 


even the support of the Barbadians in the Council for the 
claim, which was certainly not without foundation. On 
the contrary, the Council " resolved and advised (nemine 
contra dicenti) that it is not safe or warrantable to re- 
move the government as it is at present, until a signal 
nomination from the Palatine or further orders or di- 
rections be received from the Lords Proprietors." ^ 

Yeamans had in fact, however, already been commis- 
sioned as Governor. His commission is dated August 
21, 1671 ; but it was not sent until September 18, when 
Lord Ashley writes he is glad to know that Sir John 
is in Carolina, and shall expect good success to their 
new settlement when it shall be countenanced and con- 
ducted by so judicious and worthy a person. He has, 
therefore, sent him a commission, and relies upon his 
being firm and industrious in settling the government.^ 
To Mr. West, "his very affectionate friend," he writes 
December 16, explaining that it was through no per- 
sonal dislike or disrespect to him that Sir John Yeamans 
was made Governor, but the nature of the government, 
which required that a Landgrave should be preferred to 
any commoner.® As a reward for West's services, the 
Proprietors created him a Cacique, made him Registrar 
of Writings, and required that not only the titles of 
the Proprietors, but that all deeds amongst the colonists, 
should be recorded, as provided by the Fundamental Con- 
stitutions ; no deed to be good without regfistry.* 

To another State has been given the credit for first 
devising a system of recording deeds and mortgages.* 

1 Hist. Sketches (Rivers), 108; Appendix, 377. 

" Calendar State Papers, Colonial (Sainsbury), London, 1889,606,680. 

» Ibid., 696. 

* Ibid., 721, 865, 870. 

* Massachusetts. The Puritan in England, Scotland, and America 
(Campbell), vol. I, 76 et acq. The recording of ordinary conveyances 


We here see the registry system was adopted in Carolina /- 
with the very inception of its settlement. The truth is 
that from the very necessities of the occasion a registration 
of the surveys and grants of land in the new country was 
indispensable. The Domesday Book of William the Con- 
queror was the registration of the surveys and grants of 
the lands of England made by him, and to that ancient 
record must the title of all lands be traced. Once the 
redistribution of the lands in England was made and 
recorded, the metes and bounds were preserved by the 
people who were then settled upon them, and when any 
questions arose as to their location, they were settled by 
the *' perambulation " or " viewing " by the parishioners 
or Neighbors. The boundaries in England were thus 
perpetually preserved by custom and tradition ; but in 
settling a new country, especially one cut up by rivers and 
swamps, the survey and map alone could locate and de- 
began at an early period in Virginia. In October, 1626, the rule was laid 
down by the General Court that the documents in all sales of land in 
Virginia should be brought to Jamestown and enrolled in that court in 
the space of twelve months and a day following the date of §ach. There 
are many records of conveyances between private parties prior to 1630. 
Economic Hist, of Virginia in the Seventeenth Century (Bruce), 1896, vol. 
I, 570. There is nothing new in the American idea of registration. Even 
before the conquest in England, publicity of transfer was secured by 
a system of record in the shire or church book. After the conquest, the 
publicity continued for a time in Domesday Book and for some purposes 
by the Statute of Enrolments, 27 Henry VIII, c. 16. A registry was 
established for the Bedford Level in the same year that the first charter 
of Carolina to the Proprietors was granted, 1663. There were frequent 
efforts to establish a general registration law in England. Lord Keeper 
Guilford warmly advocated a registration system, but it was opposed 
by Lord Chief Justice Hale. North's Lives of the Norths, vol. I, 224. 
There was, however, a great prejudice in England against the system. 
Blackstone observed that however plausible such provisions might appear, 
it was doubted by very competent judges whether more disputes were not 
caused in those counties in which the system prevailed, by inattention 
and omissions of parties, than had been prevented. 2 Com., c. 20. 


scribe the grant, which was defined merely by imaginary 
lines. There could be no such thing as the actual delivery 
of possession of lands occupied only by Indians and wild 
beasts ; hence again it became necessary to record not 
only the original surveys, but all transfers of the rights 
granted under them. The office of Surveyor General 
was also tiierefore of great consequence, especially under 
the Fundamental Constitutions, which required the whole 
province to be surveyed and laid out in seigniories, 
baronies, and colonies. Captain Florence O'SuUivan 
was the first Surveyor General, but the complaints against 
him were numerous. He was no surveyor, it was said, 
and was charged with ignorance and incompetence, with 
promising much and performing nothing.^ So with the 
commission of Governor to Sir John Yeamans, the Lords 
Proprietors sent out one as Surveyor General to John 
Culpepper, who had come out with him from Barbadoes.^ 
These commissions were issued in December, 1671,* and 
Culpepper appears to have at once entered upon his duty ; 
for while West was still Governor, Culpepper made a 
rough draught or sketch of the settlement of Charles Town 
for the Proprietors, giving the location of the tracts of land 
and town lots taken up by the colonists. In this plat it 
is to be observed that he marks a certain tract of 300 
acres as " Land reserved by Governor & Counsell to be 
disposed of at their pleasure, I suppose for a minister or 

On April 19, 1672, Sir John Yeamans was proclaimed 
at Charles Town and a proclamation was also immediately 
issued to dissolve " all parliament and parliamentary con- 

^ Calendar State Papers^ Colonial (Sainsbury), London, 1889, 184, 
278, 329, 621, 736. 
2 Ibid., 688. 
8 ColL Hist. Soc. of So, Ca., vol. I, 98. 


nections heretofore had or made in the province," and all 
the freemen in the colony were summoned to assemble 
on the 20th to elect a new Parliament. Twenty mem- 
bers were accordingly elected, who chose from their num- 
ber, as members of the Grand Council, Stephen Bull, 
Christopher Portman, Richard Conant, Ralph Marshall, 
and John Robinson. The deputies were Colonel West, 
Captain Thomas Gray, Captain John Godfrey, Maurice 
Mathews, and William Owen.^ 

In the letter accompanying his commission. Lord Ashley 
writes to Governor Yeamans recommending him to make 
another port town on the Ashley, and giving him directions 
as to the choice of the ground. The present site was too 
low, it must needs be unhealthy, and would bring dis- 
repute upon their new settlement. He must lay out the 
great port town into regular streets, for, be the buildings 
never so mean and thin at first, yet as the town increases 
in riches and people the void places will be filled up and 
the buildirigs will grow more beautiful. He recommends 
six score squares of 300 feet each, to be divided one from 
the other by streets and alleys, and that no man should 
have above one of those squares to one house. The 
great street should not be less than 100 or six score feet 
broad ; the lesser streets none less thfin sixty ; alleys 
eight or ten feet. 

The first acts of the new administration were directed 
to the survey and recording of the lands granted to the 
settlers with a view to the more definite claims of quit- 
rent and the introduction of more of the forms of the 
Fundamental Constitutions. Stricter regulations were 
ordained against persons leaving the colony. Those who 
should desire to do so were required to set up their names 
in the Secretary's office, and if any person objected to their 

1 Hist, Sketches (Rivers), 109. 


di5parture he wrote his name within twenty-one days 
I>i5neatli the names so set up, and the reasons for his 
obj(5i;tion were heard by the Council before a permission 
for leave could be obtained. On the 27th of June, 1673, 
tbe (Council ordered an extension of the time of advertise- 
ment to six weeks. Such a provision was common to 
the colonies and was intended to prevent debtors from 
absconding. So Halsted writes to Shaftesbury that he 
(tarries no one from Barbadoes without a ticket.^ It was 
resolved by the Council that for the better safety of the 
settlement the Governor should live in town. This, it is 
supi)Osed, was induced because Sir John Yeamans had 
retired to his country house when the people refused to 
recognize him as Governor upon his arrival. 

Ill pursuance of his instructions. Governor Yeamans 
profsceded to lay out the site of another town. It so 
liap])eried that the present site of the city of Charleston, — 
the point formed by the confluence of the Kiawha, or Ash- 
ley, and the Wando, or Cooper, River — had been taken up 
by Henry Hughes and John Coming. With Hughes the 
readers of this history are well acquainted. Coming had 
come out as mate of Henry Braine, captain of the 
Carolina. Halsted describes him as a good sailor but 
ambitious.* Tradition relates that his conduct having 
l)een criticised for the loss of a vessel on Charles Town 
l)ur, which was charged to have been from cowardice, he 
eroHsed the Atlantic in a longboat, which he raised and 
(l(i(5ke(l for the purpose to vindicate his courage.^ He 
subse(|iieutly became a prosperous planter in the province. 

» ///ul. Skttehei of So. Ca. (Rivers), 110; Calendar State Papers, 
ihihuUil (NuinHbury), London, 1889, 326. A similar regulation pre- 
VhIIihI in Virginia. Se« Bruce's Economic Hist, of Va., vol. II, 367. 

* (*(i/(in(fiir Static Papers, Colonial (Sainsbury), London, 1889, 326. 

•* MHH. of Kllaii Uall, now in possession of Mr. Isaac Ball of Charleston. 


As early as February 25, 1671-72 Hughes and Coming, 
the latter with his wife Aflfra, appeared before the Grand 
Council and voluntarily surrendered the half of their 
lands upon Oyster Point, " to be employed in and toward 
the outlaying of a town and commons of pasture there 
intended to be erected."^ On the 20th of July Governor 
Yeamans by and with the advice of his Council issued the 
following warrant to John Culpepper: — 

'<Toa are forthwith to admeasure and lay out for a town on 
Oyster point all that point of land then formerly allotted for the same 
adding thereto one hundred and fifty acres of land or so much thereof 
as you shall find to be proportionable for the said one hundred and 
fifty acres in the breadth of land formerly marked to be laid out for 
Mr. Henry Hughes Mr. John Coming and Affra his now wife, and 
James Robinson estimated to be seven hundred acres/' etc. 

Mr. Hughes's hind was retained by the Grand Council ; 
Mr. Coming's was released. The town thus laid off 
originally extended no farther west than the present 
Meeting Street, nor farther north than Broad Street, nor 
south than Water Street. The land to the south of the 
town obtained the name of Coming's Point and White 
Point, no doubt from the whiteness of the oyster shells 
upon it. It was not, however, as yet intended to aban- 
don the old town on the Ashley ; for the settlers there 
were then engaged in building a fort which was finished 
in May, 1672, and in June an act was passed for the 
imiform rebuilding of the town. In accordance with 
this act, the old town was laid out anew and was divided 
into sixty-two lots. Those who owned lots gave them up 
and a redistribution was made on the 22d of July.^ 

» Dalcho's Ch, Hist., 16. 

^ The following are the names of the persons to whom the lots were 
assigned and the numbers given them. The list is useful as giving the 
names of the principal people then in the colony : Thomas Ingram, No. 
6S ; Samuel West, 31 ; William Owen, 32, 23 ; Captain Henry Braine, 30 ; 


Colonel West, the former Governor, besides being reg- 
ister of writings, was superintendent of the plantation 
and stores of the Proprietors, and thus especially charged 
with the care of their individual interests. In June, 1672, 
he procured an order from the Council that twenty persons 
from the debtors to the Proprietors should furnish ser- 
vants to cut and prepare a cargo of lumber for the Bless- 
ing at its next arrival. Governor Yeamans, on the other 
hand, was entering upon plans which demanded an in- 
creased expenditure of the private resources of the Pro- 
prietors. The colony was placed in a state of security 
against invasion, cannon were mounted at Stono Creek, 
and a " great gun " was fired at Charles Town on the ap- 
proach of any vessel. The inhabitants were armed and 
six companies were enrolled under Lieutenant Colonel 
Godfrey. Surely these were all legitimate and proper 
expenses to be borne by the owners of a large part of 
the great new Continent, — but the Proprietors, in their 
niggardly conduct, bitterly complained that instead of 

Lieutenant Henry Hughes, 3 ; John Coming, 29 ; Captain Florence O^Sul- 
livan, 5, 6, 26, 27 ; John Williamson, 7 ; Ralph Marshall, 8 ; Captain 
Stephen Bull, 26, 24 ; Captain Joseph Bayley, 9 ; Sir John Yeamans, 22 ; 
Richard Deyos, 19 ; James Jours, 14 ; Thomas Turpin, 33 ; Priscilla 
Burke, 28 ; Major Thomas Gray, 10 ; John Foster, 11 ; Richard Batin, 
13 ; Henry Wood, 16 ; George Beadon, 40, 20 ; Ensign Hugh Carteret, 18 ; 
Captain George Thomas, bought of William Kennis, 16, 17 ; Captain 
Nathaniel Sayle, 69, 60 ; Thomas Hurt, for his wife, 61 ; the Lords Pro- 
prietors, 50, 61, 62, 63, 62 ; Captain Maurice Mathews, 37, 64 ; Michael 
Smith, 38 ; Thomas Thompson, 55 ; Captain Gyles Hall, 12 ; Thomas and 
James Smith, 41, 67 ; Richard Cole, 42 ; Joseph Dalton,44 ; John Pinkerd, 
36 ; Joseph Pendarvis, 46 ; John Maverick, 43 ; Philip Comerton, number 
not designated, but either 21, 39, 48, 49, which are not stated to have been 
delivered ; Christopher Portman, 4 ; Ensign Henry Prettye, 56 ; Timothy 
Biggs, 34 ; Charles Miller, 46 ,«» John Culpepper, 36 ; Captain John Robin- 
son, 47 ; Ensign Boone, 2 ; and Edward Mathews, 1. See Fragment of 
Journals in Grant Book, 1672-94, Sec. of State's office, Columbia ; Dalcho*8 
Ch. Hist, 17, 18 ; Hist Sketches of So. Ca. (Rivers), 128. 


being repaid what had already been advanced by them, 
a debt of several thousand pounds had been incurred be- 
fore the end of 1673 and that they were still solicited for 
further aid and a stock of cattle from England. A more 
serious charge against Sir John was that, while the settlers 
could scarcely raise sufficient provisions for their own con- 
sumption, he was buying up the produce of the colony and 
exporting it at great gain to the Island of Barbadoes. 

The Proprietors had scarcely commissioned Sir John 
before letters from Carolina arrived, telling how he had 
claimed the government under the Fundamental Constitu- 
tions without waiting their appointment, and of his great 
unpopularity. The Earl of Sliaftesbury, to which dignity 
Lord Ashley had just been raised (April 23, 1672), upon 
the receipt of these complaints sends a letter, no doubt 
written by Locke, " a masterpiece of composition " as it 
has been said,^ in which he gently remonstrates with "his 
very affectionate friend Sir John" and advises him "not to 
make use of the government put into his hands to revenge 
himself on any who had spoken their apprehensions with 
that freedom which must be allowed in a country wherein 
men are not designed to be oppressed, and where they 
may justly expect equal justice and protection." He had 
too great a value for Sir John's condition and ability, he 
said, not to desire the continuance of a right understand- 
ing between them, and therefore must take the liberty to 
deal freely with him in a matter wherein they were both 
concerned, and to tell him that he could not avoid think- 
ing that the suspicions of those who had expressed some 
fear of his management of the government had some 
ground. His too forward conduct in grasping at the \ 
government when he first arrived in Carolina, and his 

* Calendar State Papers, Colonial (Sainsbury), London, 1889, Preface, 


endeavors since to diminish the authority of certain depu- 
ties who had power to represent the Proprietors, had 
even at that distance given some umbrage.^ 

While the Proprietors, on the one hand, were, stingily, 
quarrelling with every expenditure in the colony, on the 
other, their minds were filled with schemes of grandeur 
and magnificence in the government they were attempt- 
ing to settle in the wilds of America. "A debt of several 
thousand pounds " appalled them, even though it was to be 
incurred in laying out and settling hundreds of thousands 
of acres in seigniories, baronies, and manors for Land- 
graves and Caciques. Instead of providing the means 
for colonizing their immense domain even in part, their 
time was spent in drawing on paper grand plans of im- 
aginary and impossible governments, and sending them 
out to be put in operation among a few hundred advent- 
urers who had hardly the means of living. Their legis- 
lative activity was surely extraordinary. 

It will be remembered that Locke's original draft of the 
Fundamental Constitutions of March, 1670, had been modi- 
fied in some particulars, and, thus modified, had been sol- 
emnly adopted on the 20th of July, 1670. To these latter, 
which are known as the first set, and which had been de- 
claimed " sacred and unalterable," the colonists had been 
required to subscribe and swear submission. While they 
had never been adopted by a Parliament which alone could 
give them authority under the charter, they had thus 
been forced upon the people individually. With a deter- 
mination which seems purposed merely to irritate the peo- 
ple, the Proprietors, well aware that this condition of the 
province would not, at least yet, admit of the enforce- 
ment of either set, now sent out a printed copy of Locke's 

1 Calendar State Papers^ Colonial (Sainsbury), London, 1889, 861 ; 
Colonial Becords of No. Ca., vol. I, 212. 


original draft, but to which, it is said, they added the 
clause that appears as Article 96, in the set to be found 
in the first volume of the Statutes of South Carolina, 
directing the building of churches and the public main- 
tenance of divines of the Church of England, which it 
declared to be the only true and orthodox religion. ^ 
The Church of England, as we have before explained, 
was already the established church under the charter ; but, 
not content with the fact, the seven Proprietors who were 
adherents of Episcopacy — Shaftesbury having no predi- 
lection upon the subject^ — now required a declaration 
that the Church of England was the only true and ortho- 
dox religion. Locke's original draft, with this inconsistent 
provision imposed upon it, — if so be that Locke did not 
draw it himself, — now becoming known as the Second Set, 
was adopted by the Proprietors on the 26th of June, 
1672 ; they do not appear, however, to have been received 
by the Governor in Carolina until the 8th of February, 
1673-74. The Parliament refused to recognize them. 

That the Proprietors were well aware that no sub- 
stantial purpose could be effected by this attempt to force 
these Constitutions upon the colony at this time is mani- 
fest, for with them they also sent two other remarkable \ 
legislative productions. These were termed ''Temporary j 
Laws" and "Agrarian Laws." 

"Since the paucity of nobility," they said, "will not 
permit the Fundamental Constitutions presently to be put 
in practice, it is necessary for the supply of that defect 

1 HUt. Sketches of So. Ca. (Rivers), 117, 118 ; Appendix, 420. 

* Bishop Burnet says of Shaftesbury : ** He was to religion a Deist at 
best. He had the dotage of Astrology about him to a high degree. He 
told me that a Dutch doctor had from the stars foretold him the whole 
series of his life. But that which was before him when he told me this 
proved false, if he told me true. For he said he was yet to be a greater 
man than he had been.^* — History of his Own TimeSy vol. I, 96. 


that some te mporary laws should in the meantime be made 
for the better ordering of affairs till by a sufficient number 
of inhabitants of all degrees the government of Carolina 
can be administered according to the form established in 
the Fundamental Constitutions, we the Lords Proprietors 
have agreed to the following." 

The first, second, and third articles of these Tempo- 
rary Laws repeat in short form the provisions m regard 
to the nomination of deputies by the Palatines and other 
Proprietors ; admit the nobility as members of the Grand 
Council ; appoint the chief officers in the province with 
the same high-sounding titles ; declare the powers of the 
Council, the quorum of which should be the Governor and 
six councillors, whereof three at least shall be deputies of 
Proprietors. 4. In case of the death or departure of a 
deputy, his place should be supplied by the eldest of the 
councillors chosen by Parliament until another deputy 
be appointed. 5. Parliament to consist of the Governor, 
deputies, nobility, and twenty delegates of the freeholders 
to be assembled and to make laws agreeably to provisions 
of the Fundamental Constitutions. 6. All acts of such 
Parliament to cease at the end of the first Parliament 
convened after the Constitution should be put in force. 
7. As much of the Constitutions as practicable to be the 
rule of proceeding.^ 

The Agrarian Laws, which are twenty-three in number, 
were anytHingTiut such as would be inferred from their 
title. They were concerned entirely with the interests of 
the Proprietors and nobility, and the proportionate division 
of their landed estates. The distribution of the people's 
share is alluded to only incidentally. The preamble sol- 
emnly announces a principle most inconsistent with the 
provisions which follow. "Since the whole foundation 

^ Hist. Sketches of So. Ca. (Rivera), 119; Appendix, 354. 


of the government," it declares, " is settled upon right 
and equal distribution of land and the orderly taking up 
of it of great moment to the welfare of the province," it 
goes on to provide that one-fifth of all shall be secured to 
the Proprietors, one-fifth to the nobility, and the rest to 
the people.^ 

There was no authority for such " Temporary Laws " 
under the charter. The provisions of that instrument 
allowed for such only upon an emergency, when an 
assembly of the freeholders could not be convened. It 
did not authorize such regulations of indefinite con- 
tinuance without the assent of the people. The Agrarian 
Laws did not purport to be of merely temporary char- 
acter ; on the contrary, they provided for the permanent 
distribution of lands. They were likewise not in ac- 
cordance with the terms of the charter, and so were not 
constitutionally of force. 

Hewatt mentions that during the government of Sir John 
Yeamans a civil disturbance broke out which threatened 
the ruin of the settlement ; that it had been fomented by 
Culpepper, with the connivance of O'Sullivan ; and that 
during these commotions the colonists were anticipating 
an invasion from the Spaniards of St. Augustine. It is 
said that O'Sullivan, who had been put in charge of the 
cannon on the island which now bears his name, in order 
to alarm the town in case of the appearance off the bar 
of any of the Spanish vessels, being ready to perish with 
hunger, deserted his charge and took part with Culpepper. 
in the disturbance at Charles Town, where he was arrested 
by the Marshal for sedition and required to give security 
for his good conduct.^ Chalmers, in his account of Cul- 

* Hi9t. Sketches of So. Ca. (Rivers), 119 ; Appendix, 365. 

* Hewatt, Hist, of So. Ca., vol. I, 62; Hist. Sketches of So. Ca. 
(Biven), 112, note. 


pepper's insurrection in North Carolina in 1677, speaks of 
him as one who had in 1671 been appointed Surveyor 
General of Carolina, and who had raised commotions on 
the Ashley River. ^ We can find no contemporary allusions 
to such events. Braine, in a letter to Lord Ashley, Novem- 
ber, 1670, accuses O'Sullivan of rash and base dealings and 
abuse of the Governor, Council, and country,^ but this 
was during the administration of West, not during that 
of Yeamans. 

The apprehension of an attack by the Spaniards at this 
time was not, however, without some foundation. The 
facilities for escape of servants and slaves to Florida, 
/ and their detention and protection there by the Span- 
iards, would have furnished a continual cause of irrita- 
tion between the two colonies had none other existed. 
The first purpose of slaves deserting their masters in 
' Carolina was to reach St. Augfustine. In this they were 
sometimes frustrated by Indians sent out in pursuit, who 
overtook and captured them. Brian Fitzpatrick, described 
as "a noted villain," who had before been punished by 
the Grand Council, now deserted to the Spaniards and 
informed them of the distressed condition of the colony. 
An attacking party was immediately dispatched from the 
Spanish garrison and took post at St. Helena Island. 
The hostile and warlike Indian tribe of Westoes, doubt- 
less under the same influence, also began to exhibit a 
troublesome disposition and were said to be lurking to 
the southward of Charles Town with hostile purpose. 

At a meeting of the Grand Council on July 2, 1672, it 
was promptly resolved to dispatch a party of thirty men 
against the Westoes, and on the 9th the inhabitants were 
organized into a military body. John Godfrey was 

» Chalmers, Political Annals, Carroll's Coll., vol. II, 304. 

> Calendar State Papers, Colonial (Sainsbury), London, 1880, 829. . 


appointed Lieutenant Colonel ; Thomas Gray, Major, 
Captains, Maurice Mathews, John Robinson, Richard 
Conant, the seditious Florence O'Sullivan, and Robert 
Donne, who but six months before had been cashiered for 
abetting the stealing of a turkey. Donne, we must pre- 
sume, was a good soldier, notwithstanding his foraging 
habits. On tiie approach of Colonel Godfrey with fifty 
volunteers, the Spaniards retreated to St. Augustine, and 
the Westoes were unwilling to risk an engagement while 
the intervening small tribes continued friendly to the 

Sir John Yeamans was about to be removed. The 
necessities of the people at the close of his administration 
were of so pressing a nature, it is said, as to occasion 
great disquietude, but these were relieved by the seasonable 
arrival of the Proprietor's ship. It is worthy of remark, 
however, observes Rivers, that there appears never to 
have been so great a scarcity of food as to endanger the 
lives of the people. There was no "starving time" in 
Carolina, as there had been in Virginia during its first 
settlement. There were failures at first in the attempt to 
raise such grains and fruits as were not best adapted to the 
soil and climate ; but fish and oysters, an abundance of 
game in the woods, the fertility of the land in producing 
Indian com and peas, were sufficient to insure the settle- 
ment from any fear of starvation. Even in the times of 
greatest complaint in 1673, provisions were exported to 
Barbadoes. That Governor Yeamans engaged too exten- 
sively in these exports was perhaps the chief cause of the 
clamors and discontents of the people. To these was 
added the same causes of dissatisfaction that had existed 
at Chowan and Cape Fear. The Proprietors in their parsi- 
mony were unwilling to send any more supplies. They 
1 Eiat, Sketches of So. Ca, (Riven), 112, 126 ; Appendix, 382. 


turned again to West, who, if less ambitious than Sir John, 
was more economical in his administration. But West 
was still only a Cacique. So, on May 18, 1674, the Pro- 
prietors send a patent appointing him a Landgrave and 
a commission as Governor, and declare that he has all 
along, by his care and fidelity and prudence in the man- 
agement of their affairs, recommended himself to them 
"as the fittest man for their trust." They had made 
West give way to Yeamans ; they now proceed to arraign 
Yeamans's conduct to West. They cannot forbear plainly 
to say, they wrote, though they had a great regard for 
\j Sir John Yeamans, that when Mr. West bore the man- 

agement of their affairs they had had some encourage- 
ment to send supplies, but immediately as Sir John had 
assumed the government the face of things had been 
altered. Their first reports from him were proposals 
for increasing their Lordships' charges, and in his last 
dispatches he had sent a scheme which would require 
disbursements of several thousand pounds. He had in- 
sinuated that their Lordships had dealt ill with the colo- 
nists because they would not continue to feed and clothe 
them without promise of returns. They had put a stop 
to the supplies, for they thought it time to give over a 
charge which was like to have no end ; that the country 
was not worth having at that rate. It must be a bad soil, 
indeed, that would not maintain industrious people. They 
would not be so silly as to maintain the idle. But it was 
not the fault of the soil. Indeed, some of the Proprietors 
were so well assured of this, that at their own individual 
charges they were going to settle a plantation in the 
Edisto without expecting assistance of the Proprietors 
generally. They were well satisfied that it was Sir John 
Yeamans's management that had brought things to this 
pass. His management had been to make this province 


subservient to Barbadoes. They referred to the frequent 
mention of wanting a stoek of eattle, and declared the 
design of the Lords Proprietors was to have planters in 
Carolina, not graziers. If their intention was to stock 
the province, their Lordships could do better by their 
own bailiffs and servants, who would be more obedient to 
their orders.^ 

Sir John had previously retired to Barbadoes in feeble 
health, where he died in August, 1674, possessed of con- 
siderable wealth, but having lost much of the reputation 
which he enjoyed when he entered upon the government 
of the colony. Halsted, in a letter to the Proprietors, 
does not hesitate to charge Sir John and Captain Gray 
with complicity in the death of an Indian killed by the 
" noted villain " Fitzpatrick.^ Nor was this the first 
charge of the kind which had been made against him. 
The Assembly at Barbadoes had accused him to Lord 
Willoughby, the Governor, in 1667, of conspiring against 
the life of a man " for noe other reason but that he had 
a mind to the other gentlemans wife."^ The truth is, 
that the glimpses we get through the records of the time, 
of the men who formed the first settlers of the colony on 
the Ashley, do not inspire us with great regard for their 
characters generally, or lead us to believe that they were 
others than such as might have been expected to be found 
in such an enterprise. They were adventurers whom one 
cause or another — domestic or political — had induced 
to seek in the New World fortunes they could not achieve 
in the Old. There was certainly little material among 
them for the "nobility" of Landgraves and Caciques under 
the Fundamental Constitutions, even though we do not 

» Calendar 8taU Papers, Colonial (Sainsbury), London, 18S9, 1277. 

« Ibid., 664. 

• Colonial Becorde of No, Ca,, vol. I, 177. 


accept Archdale's description of them as ^^ the most des- 
perate fortunes" who first "ventured over to break the 
ice," "being generally the ill livers of the pretended 
churchmen." ^ 

1 A Description of Carolina (Archdale), Carroll*8 Colh^ 100. 



GOVBENOR Wbst*8 previous administration had been 
only temporary in its character, under appointment by 
Governor Sayle upon his death-bed, with the approba- 
tion of the Council, until the pleasure of the Lords Pro- 
prietors could be known. They had set him aside and 
appointed Sir John Yeamans, because, as they said, of Sir 
John's being a Landgrave. West was now regularly 
commissioned Governor and entered upon an administra- 
tion which was to last for eight years, during which the 
colony was to be settled upon a firm foundation, and by 
his wise and prudent conduct to enjoy for a short time 
the peace and order so necessary for its successful growth 
and prosperity. 

The Earl of Shaftesbury had informed West in the 
letter which announced his appointment as Governor, 
that so satisfied were some of the Proprietors with the 
soil and advantages of the country that they intended 
to settle a plantation on the Edisto at their o^vn indi- 
vidual cost. This they now proceeded to do, and to 
facilitate them in their new enterprise, the Proprietors, 
as a body, laid out for these individual proprietors a 
plantation on both sides of the Edisto, or Ashepoo, River, 
of which they granted a commission as Governor to 
Andrew Percival, limiting Governor West's jurisdiction 
to five miles south of the Ashley, and instructing Gov- 



ernor West to aflford all countenance, help, and assistance 
to the plantations on Locke Island, as the settlement was 
to be called. In one respect, however, they did not make 
the plantations independent of that on the Ashley. They 
did not authorize Governor Percival to issue warrants for 
lands, but retained this power in Governor West's hands, 
instructing him, however, to affix the seal to all such 
grants as Percival should send to him. The scheme, 
which was the first attempt to plant an outpost between 
the colonists on the Ashley and unfriendly Indians, did not 
succeed. It was abandoned and Percival was appointed 
in June, 1675, Register of Berkeley County and other parts 
adjoining.^ The plan, it is supposed, originated with the 
Earl of Shaftesbury ,2 possibly with Locke, in honor of 
whom it is probable the new government was named. 
This attempt presents another illustration of the uncer- 
tainty and impracticability of the plans of the Proprietors. 
The scheme of the Fundamental Constitutions was ab- 
surdly out of proportion, in its grandeur and elaborate- 
ness, even for a single government in a new country ; 
and yet here were their Lordships setting up another 
government within thirty miles of that on the Ashley, 
and with the commission to Percival sending also a copy 
of those extraordinary laws for his guidance and di- 
rection. They had now three separate governments in 
the province of Carolina, for which Landgraves and 
Caciques, and all the high officers required by the Con- 
stitutions, were to be provided. There was the govern- 
ment at Albemarle, that at Ashley, and now this attempt 
at one on the Edisto ; and between that at Albemarle 
and that at Ashley had been the attempt at Cape Fear. 

^ Hist. Sketches (Rivers), 121, Appendix, 387, 388; Public Beeorda 
of So. Ca. (MSS.), vol. I. 

2 Hist. Sketches (Rivers), 121. 


The Earl of Shaftesbury soon after, at his own expense, 
engaged Dr. Henry Woodward to enter upon the explora- 
tion of the country of the Westoes and Cussatoes. The 
result of this visit was a treaty of peace and friendship 
between these nations and the English in Carolina. A 
comparison of the strength and resources of these Indians 
and the still feeble colonists induced the Proprietors (as 
they said) to shield the latter by restricting their inter- 
course with the tribes westward of Charles Town ; but 
the restraints now put upon the Indian trade was not, 
says Rivers, free from selfish motives on the part of the 
Proprietors. They knew that furs and deer-skins, obtained 
in traffic for trifling articles, formed the principal source 
of gain to the industrious traders, among whom were the 
chief men in the colony. If frauds and abuses occurred, 
a prevention of them would not surely follow the restrict- 
ing of the trade to Proprietary agents. In April, 1677, 
Albemarle, Shaftesbury, Clarendon, and Colleton agreed 
to contribute each <£ 100 to be placed in the hands of Mr. 
William Saxby, then secretary and treasurer, for carrying 
on the Indian trade, allowing one-fifth of the clear profit 
to Dr. Woodward, according to a previous contract be- 
tween him and the Earl of Shaftesbury. At the same 
time they issued an "Order and Command" to the "gov- 
ernor council and other inhabitants of our province of 
Carolina," forbidding any of them, under pain of prosecu- 
tion and severe punishment, to trade during seven years 
with these or other Indians living beyond Port Royal, but 
leaving open to the settlers the trade for a considerable 
distance on the sea-coast, "and any other way not less 
than one hundred miles from their plantation which is 
all they can pretend or expect from us," continue their 
Lordships, "it being in justice and reason fit that we 
should not be interrupted by them in our treaties and 


transactions with these nations that inhabit these distant 
countries with whom by our grant and charter from his 
Majesty we only have authority to treat or to inter- 
meddle." ^ 

/ Again we observe the utter disregard by the Pro- 
i prietors even of their own favorite and "unalterable" 
Fundamental Constitutions, when the provisions even of 
' those laws interfered in the least with their interests or 
views of the moment. By the terms of the Constitutions 
they had committed to the Grand Council the power " to 
make peace and war, leagues and treaties with any of the 
neighboring Indians." Under this authority the Council 
had acted ; they had declared war, made peace, and entered 
into treaties. It was scarcely to be expected that, situated 
as the colonists were, with their families exposed to the 
tomahawk and scalping-knife, they would leave the im- 
portant matter of their relations with the savages to be 
governed by the diplomacy of any set of men on the 
other side of the Atlantic.^ It is needless to add that 
they disregarded the instructions and took care of them- 

To the Earl of Shaftesbury is ascribed the credit of 
a more sensible measure; a measure which, if adopted, 
might have allayed, at least to some degree, the hostility 
of the irritable and warlike natives, and have secured at 
less cost the peace and safety of the settlers. The Pro- 
prietors claimed to be the sole owners of every acre of 
Carolina under King's grants, and they had expected the 
colonies to be established by driving the Indians away 
from the lands over which they and their ancestors had 
roamed from time immemorial. They were to be dealt 
with as savages deserved if they resisted the rights con- 

1 Hist. Sketches of So. Ca. (Rivers), 122, 123. 
a Ibid., 123. 


ferred by his Majesty King Charles II of England ; and 
it had been forbidden to purchase land from them. 
Shaftesbury now proposed — and in this we can scarcely 
doubt the influence of Locke — to revoke this order. 
This was, of course, little better than resorting to fraud 
rather than to force. The so-called purcliases were made 
for no adequate consideration from the Proprietors to the 
Indians. A few glittering trinkets and bright-colored 
ribbons and cloths, of little value, was the coin in wliich 
the Proprietors paid for the most valuable of all property, 
— land. There is, however, this to be said on the other 
side of the question; Le, that the Indians themselves 
were selling what they did not own. They were selling 
and conveying land tenures, the nature of which they had 
no conception, and hence to which they had no rights. 
The chief value of the deeds which the Indians signed was 
really as a " color of title " against other Euroi>eans. 

The first deed of transfer on record was made in March, 
1675, to Andrew Percival for the Earl of Shaftesbury 
and the rest of the Lords Proprietors, " for and in con- 
sideration of a valuable piece of cloth, hatchets, beads and 
other goods and manufactures." The territory ceded 
was that of "Greater and Lesser Casor lying on the 
River Kyewaw, the River Stono, and the fresher of the 
River Edisto." Perhaps to strengthen the deed of con- 
veyance, the signatures were taken of an odd assembly of 
Indians, there being the marks and seals of four Caciques, 
the marks of eleven war-captains and fourteen "woman 
captains. *' In 1682 and subsequently, lands were ceded 
by the Caciques of Wiml>ee, Stono, Combahee, Kussah, 
Edisto, Ashepoo, Witcheaw, and by the Queen and Captain 
of St. Helena, who generously surrendered (to please the 
English) their lands in a northwestward direction as far 
as the ^^Appalachian Mountains," although they had not 


even the claim of occupancy to any great distance from 
the sea-coast. All the northwest portion of the province 
was possessed by the populous and powerful Cherokees.^ 

The first accession to the number of original settlers, as 
we have seen, came from Barbadoes. Immigrants con- 
tinued to arrive in small parties from England in the 
Proprietors' ship the Blessing^ from the West Indies in 
the Carolina, and in Captain Halsted's ship, in their 
respective voyages. Then had come the Dutch colony 
/from Nova Belgia or New York. To induce immigration, 
the Proprietors had, in 1672, oflfered liberal concessions 
to freemen and servants from Ireland, particularly if they 
/ would come in sufficient numbers to make up a commu- 
nity and form a town by themselves " wherein they may 
have the free exercise of their religion according to their 
^ own discipline." In June, 1676, a whole colony of 12,000 
acres was promised to Mr. John Berkly, Simon Perkins, 
Anthony Laine, and John Pettitt, upon their landing in 
Carolina.* In March, 1679, Rene Petit, his Majesty's 
agent at Rouen, Jacob Grinard of Normtody, Gentleman, 
and Sir Thomas Dolmans petitioned the King for the 
transportation of several French Protestant families to 
Carolina. Their petition was referred to the Committee 
of Trade and Plantations^ in the Council at Whitehall, 
who recommended to his Majesty to give orders for the 
fitting out of two ships (neither of which may draw 
twelve feet of water) as may be fit to transport the said 

J Hist. Sketches of So. Ca., 123-125. 

» Ibid. (Rivers), 120, 121. 

* The Comnaittee of Trade and Plantations was one appointed by the 
Privy Council of Great Britain, to whom was referred all matters relating 
to the American colonies, and who had a general jurisdiction and super- 
vision over them. They were also called the Lords of the Committee of 
Trade and Plantations. See Government of the Colony of So. Ca. (Whit- 
xiey) ; Johns Hopkins Univ. Studies, 13th Series, 1-11. 


familieB, provided that the said families should give a list 
of their names with sufficient assurance that they would 
take sufficient victuals and provisions for themselves for 
the voyage, and that the said families should come from 
abroad or had arrived in England for the purpose and 
design of going to Carolina. Several such families 
availed themselves of this offer, and on the 17th of De- 
cember the Lords Proprietors write to the Governor and ^ 
Council in Carolina recommending them to their care, as, 
being skilled in the manufacture of certain commodities, ^ 
they might instruct the English settlers. They directed 
a grant to Rene Petit and Jacob Grinard of 4000 acres 
of land each.^ One of these vessels was the frigate 
Richmond^ which arrived in 1680, bringing out forty-five 
French refugees. A more considerable number soon 
followed in the other vessel. In the redistribution of the 
lots in old Charles Town, Richard Batin, Jacques Jours, 
and Richard Deyos received town lots. These are 
assumed to have been French Protestants, but upon what 
authority is not known. In 1677 grants were made to 
Jean Balton ; in 1678 to Jean Bazant and Richard Gail- 
lard.« These were the first Huguenots in Carolina of ^ 
whom there is record. It was expected that the French 
colonists would be very serviceable to the province by 
introducing the manufacture of silk and the culture of 
the olive and the vine. This expectation was not 
realized. The eggs of the silkworm hatched at sea and 
the worms perished for want of food ; nor did the other 
branches of industry sought to be promoted by them 

» Hitt. Sketches of So, Ca. (Rivers), Appendix, 392 ; Coll. Hist. Soc. 
of So, Ca.<t vol. I, 102; Colonial Records of No. Ca., vol. I, 242. 

« Howe'8 Hist, Presbyterian Church, 73. 

• Hist. Sketches of So, Ca, (Rivers), 173, 174 ; Howe's Hist, Preshy- 
terian Churchy IS. 


In the list of emigrants from Barbadoes in the year 
1679 we find the names of Robert Daniel, Thomas Dray- 
ton, John Ladson, and Arthur Middleton^ — names which 
have since been interwoven with the history of the State. 

The Proprietors wished to build their chief town on 
some high land on the Ashley or Cooper, if such could be 
found free from the sickliness of the coast and the sudden 
inroads of an enemy's ship. But the explorations of 
Captain Halsted and the search of the committee of 
the Grand Council failed to find a more eligible situation 
than Oyster Point, to which the settlers began generally 
to move in 1679. Some had fixed their abode there as 
early as 1672. Such representations were made to the 
Lords Proprietors as caused them to write to Governor 
West and the Council on the 17th of December, 1679: ** We 
are informed that this Oyster Point is not only a more 
convenient place to build a town on than that formerly 
pitched on by the first settlers, but that the people's inclina- 
tions turn thither ; we let you know that Oyster Point is 
the place we do appoint for the port town of which you 
are to take notice and call it Charles Town."* It was 
ordered at the same time that the public offices should 
be moved thither and the Grand Council summoned to 
meet there. In the spring of 1680 the removal was made, 
and during the same year thirty houses wei*e erected. It 
was called for a while by some persons New Charles Town, 
to distinguish it from the old town, which now began to be 
abandoned ; from 1682 it was known for a period of one 
hundred years simply as Charles Town ^ or Charlestown. 

The Richmond^ his Majesty's ship which brought out 

1 List of Emigrants to America, 1600-1700 (Hottin). 

'^ Hist. Sketches of So. Ca. (Rivers), 128, 129; ColU Hist. Soc of So. 
Ca., vol. I, 102, 103. 

« Ibid. See note of Rivers giving reason for fixing the time of the 
removal as of the spring of 1680. 


the French Protestants under Petit and Grinard, was also 
charged with particular instructions to inquire into the 

state of the country, and T A , Gentleman,^ a clerk 

on board of that vessel upon its return in 1682, published 
a description of the province and of its natural excel- 
lences. "The town," he says, "is regularly laid out into 
large and capacious streets, which to buildings is a great 
ornament and beauty. In it they have reserved con- 
venient places for a church. Town House and other pub- 
lic structures, an artillery ground for the exercise of their 
mUitia, and wharves for the convenience of their ti:ade 
and shipping."* The site reserved for a church is that 
at the comer of Broad and Meeting streets, where stood 
the original St. Philip's Church, and now stands St. 
MichaePs. So this spot, set apart at the very inception 
of the province, has remained until this day consecrated 
to the service of God, and separated from all unhallowed 
worldly and common uses. The first church was soon 
built. It was black cypress upon a brick foundation, and 
was described as large and stately, surrounded by a neat 
palisade. It was usually called the English Church, but 
its distinctive name was St. Philip's.^ It was probably 
begun during the last of the administration of Governor 
West, who was distinguished for his piety as well as for 
his justice and moderation. The Proprietors, as we have 
seen, had been repeatedly urged by the colonists to send 
out a clergyman, and they had agreed to allow Mr. Bond 
a grant of land and a stipend if he would come. He had 
not done so, but there was a minister of the Church of 
England in Charles Town at this time. The Rev. 
Atkin Williamson was here certainly in 1781, probably 
in 1680, but it is not known at what time previously he 

1 T A , supposed to be Thomas Ash. Carroirs Coll. , vol. I. 

Preface. « Carroirs Coll, vol. II, 82. » Dalcho's Ch. Hist., 26. 


came into the province.* As early as 1671 Governor West 
had endeavored to restrain the licentiousness naturally 
arising among a new people living without the public 
ordinances of religion.^ In May, 1682, acts were passed 
for the observance of the Lord's Day, and for the sup- 
pression of idleness, drunkenness, and profanity. Besides 
these eflforts for promoting the morality of the people, 
the close of Governor West's second administration was 
marked by the wisdom of laws enacted for the organization 
of the militia of the province, and for making high roads 
from the new town at Oyster Point through the forests 
that stretched into the interior.^ 

Samuel Wilson, secretary of the Proprietors, also pub- 
lished an account of Carolina about the same time (1682). 
He states that since the order of the Proprietors appoint- 
ing Oyster Point as the new town, about a hundred houses 
had been built, and more were building daily by the per- 
sons of all sorts that come there to inhabit from the more 
northern English colonies, the Sugar Islands, England, and 
Ireland. That many industrious servants who had served 
out their terms with their masters, at whose charge they 
were transported, had gotten good stocks of cattle and 
servants of their own, had built houses and exercised 
their trades. That many that went out as servants 
were then worth several hundred pounds and lived in a 
very plentiful condition, and their estates increasing; 
that land near the town was sold for twenty shillings 

1 Bishop Perry, in his Hist, of the American Episcopal Church, vol. I, 
372, quotes a letter of Commissary Johnson, written in 1710, in which he 
states that Mr. Williamson had been in the province twenty-nine years, 
which would imply his arrival in 1681. But in a deed of Originall Jackson 
and Meliscent his wife giving a tract of land for another church, dated 
January 14, 1680-81, Mr. Williamson is mentioned as then in the colony. 
The inference is that he had arrived at least as early as some time in 1680. 

a Hist. Sketches of So, Ca. (Rivers), 130. » Ibid, 


(i.e. about $25 of present currency) per acre, though 
pillaged of all its valuable timber ; cleared land fitted for 
planting and fenced was let for ten shillings per annum 
the acre, though twenty miles distant from the town. 
Six men could in six weeks' time fell, clear, fence in, and 
fit for planting six acres of land. He states that at this 
town in November, 1680, there rode at one time sixteen 
sail of vessels, some of which were upwards of 200 tons 
and came from divers parts of the King's kingdom to 
trade there, which great concourse of shipping would un- 
doubtedly in a short time make it a considerable town.^ 

Wilson was the secretary for the Lords Proprietors, 
and so his account may be regarded somewhat as an 
advertisement colored to induce immigration, but the 
clerk on the Richmond gave an equally pleasing account 
of the progress of the colony. " At our being there," he 
writes, "there was judged in the country a 1000 or 1200 
souls, but the great number of families from England, Ire- 
land, Barbadoes Jamaica and the Caribbee Islands which 
daily transport themselves thither, have more than doubled 
that number." 2 

These accounts agree as to the healthiness of the coun- 
try. Wilson states that the inhabitants of Carolina are 
no more liable to agues than those of England ; that those 
in England who seat themselves near great marshes are 
subject to such attacks and do suffer as those who do like- 
wise in Carolina ; that elsewhere the country is exceed- 
ingly healthy ; and cites an insta,nce of a family consisting 
of never less than twelve persons, in which there had been 
no deaths since their arrival in nine years. Nor, he adds, 
is there one of the masters of families that went over in 
the first vessel dead of sickness in Carolina except one, 
who was seventy and five years of age before he came 

1 Carroll's Coll., vol. II, 23, 24. » Ibid., 82. 


there.^ T A asserts that the Indians prolong 

their days to the extremity of old age, and that the Eng- 
lish hitherto have found no distempers, either epidemical 
or mortal, but such as have their rise from excess or in- 
temperance. He admits that in July and August they 
have sometimes touches of agues and fevers, but not vio- 
lent, of short duration, and never fatal. English children 
bom there are commonly strong and lusty, of sound con- 
stitutions, and fresh, ruddy complexions.* The whole set- 
tlement at this time was* upon the rivers and the coast, 
extending no farther than thirty miles from the town- 
the region which has since been affected with the deadly, 
high, bilious, congestive fever. It is clear, therefore, that 
the country fever, since prevalent in the summer in the 
low country, was not then known. 

Wilson describes the summer as not so hot as in Vir- 
ginia and the more northern colonies, which he attributes 
to the sea-breezes which almost constantly arise about 
eight or nine o'clock within the tropics and blow from 
the east until about four in the afternoon, and to a north 
wind which arises a little after, blowing all night, keeping 
it fresh and cool. Thomas Ash only commits himself to 
the fact that the summers are not so torrid, hot, and burn- 
ing as that of their southern, nor the winters so sharp 
and cold as that of their northern, neighborhood. 

The soil was found to be generally very fertile. There 
were some sandy tracts, but even this land produced good 
corn. Wheat, rye, barley, oats, and peas thrive exceed- 
ingly, and the ground yields in greater abundance than in 
England ; but the chief produce of the field was Indian 
corn, of which there were two plentiful harvests. Whole- 
some bread and good biscuits were made of this, and it 

^ Carroirs Coll.^ vol. I, 20. This allusion is no doubt to Governor 
Saye, who was, in fact, eighty years of age. ^ Ibid,^ 02. 


was dressed with milk in various ways, furnishing a 
strong, sound, and nourishing diet. Of the juice of the 
com when green, the Spaniards, with chocolate aromatized 
with spices, made a rare drink of excellent delicacy. The 
English among the Caribbees roasted the green ear on the 
coals, and ate it with great pleasure. 

The Indians in Carolina, when on a journey, parch the 
ripe corn, then pound it into a powder, and put it in a 
leather bag. To use it, they take a little quantity of the 
powder in the palms of their hands, and mixing it with 
water, sup it up. With this they will travel several days. 
It was described, in short, as a grain of general use to man 
and beast. The Carolinian had already found a way of 
making with it good, sound beer, but rather strong and 
heady, and by maceration, when duly fermented, a strong 
spirit-like brandy. Tobacco was found to grow very well, 
but the great trouble in the planting and cure of it, 
and the great quantities which Virginia and other of his 
Majesty's plantations produced, did not encourage its 
planting. Tar of the resinous juice of the pine was made 
in great quantities ; several tons were transported yearly 
to Barbadoes, Jamaica, and the Caribbee Islands. Indigo 
had been tried with success, but had been abandoned, for 
what reason it could not be learned. 

The great increase in cattle, it was said, was more to 
be admired than believed. In 1674 the Proprietors had 
refused to send out any live-stock, and the country was 
destitute of cows, hogs, or sheep. In seven years after, 
there were many thousands in the province. Individual 
planters had already 700 or 800 head. They were not 
subject to any disease, and the little winter did not pinch 
them so as to be perceived. The planters were thus saved 
the care of providing fodder for them in the winter. Caro- 
lina would thus be able to supply the northern colonies 


with salted beef cheaper than they themselves could raise ; 
for, considering that all the woods in Carolina oflfered good 
pasturage, and the small rent that was paid the Proprie- 
tors for land, an ox was raised at almost as little expense 
in Carolina as a hen is in England. So, too, hogs increased 
abundantly, and in a manner without any charge or 
trouble to the planter. Ewes also did well, but required 
a shepherd to drive them to feed, and to bring them home 
at night to preserve them from wolves. The colonists had 
begun to breed horses, which bred well. The colts were 
finer limbed and headed than their dams or sires, which 
gave great hopes of an excellent breed. Negroes throve 
by reason of the mildness of the winter much better than 
they did in the more northern colonies, and required less 
clothes, which was a great charge saved. 

Living was very cheap in the colony. Indian com sup- 
plied the bread ; the rivers abounded with every kind of 
fish, near the sea with very good oysters, and the woods 
with hares, squirrels, raccoons, opossums, and deer. An 
Indian hunter would kill nine fallow deer in a day. All 
the considerable planters had an Indian hunter, who sup- 
plied them with game. For 20 shillings a year, i.e. from 
^20 to $25, one hunter would find a family of thirty per- 
sons with as much venison and game as they could well 
eat. Deer were in such infinite herds that the whole 

country seemed but one continued park. T A 

states, upon the authority of Captain Mathews, that one 
hunting Indian had yearly killed and brought to his plan- 
tation more than 100, sometimes 200, head of deer. Bears 
were in great numbers. From the fat of these, the Indians 
made oil which was of great value in making the hair to 
grow. The Indians had a way of dressing the skins of 
wild animals rather softer, though not so durable, as that 
used in England. 


The settlers in Carolina were thriving not, as yet, so 
much as planters as traders. Their trade was princi- 
pally with Barbadoes and the other West Indies. They 
exported to England skins and furs, and Indian pelfry 
and cedar ; to Barbadoes, Jamaica, and the Caribbee 
Islands provisions, pitch, tar, and clapboards, for which 
they obtained in exchange sugar, rum, molasses, and gin- 
ger. Their trade was, unhappily, not restricted to these 
legitimate articles of commerce. In the Temporary 
Laws sent out to Sayle it was expressly provided that 
no Indian, upon any occasion or pretence whatsoever, 
was to be made a slave or without his own consent be 
carried out of the country; ^ but this humane provision was 
disregarded by the Proprietors themselves, and disobeyed 
by the colonists. It was the Proprietors who first " gave 
the privilege," to use their own language, of selling 
Indian captives from Carolina to the West India Islands 
as the cheapest means of " encouraging the soldiers " of 
the infant colony .^ However shocking this may appear 
to the sentiment of the present age, in judging the con- 
duct of the Proprietors, we must recollect that by the 
rules of war, at that time, prisoners and captives were 
regarded as the absolute property of the conquerors, who 
might take their lives or sell them into bondage, — a rule 
which was cited and relied upon as international law a 
hundred years afterwards by the British authorities in 
Carolina as their justification of the treatment of Ameri- 
cans taken as prisoners of war.^ The title of the Pro- 
prietors rested upon the claims of England to a conquest 
of this territory,* and hence the slavery and exportation 

1 HUt, Sketches of So, Ca. (Rivers), Appendix, 363. 2 75^^.^ 132. 

• Boyal Gazette (No. 103), February 20, 1782, Charlestown, South Carolina. 

^ So says Blackstone. See ante, p. 61. But from whom conquered, — 
from the Spaniards or the Indians? If from the Indians, as we shall 
hare occasion to ask, why did the Proprietors attempt to secure title by 
pnrchaie from them ? 


of Indians was a matter merely of expediency, and not of 
moral wrong under the political tenets of the age. And 
so it was that now Governor West was to be removed 
because of the displeasure of the Proprietors at the sell- 
ing of Indian slaves purchased by the planters from the 
neighboring Indian tribes. This trade the Proprietors 
regarded as one of the perquisites of their grant and were 
very jealous of any interference with it by the colonists. 
Indian slaves were shipped and sold to the West Indies, 
and African slaves were bought there and brought in 
return to Carolina. 

Wilson, for the Proprietors, offered to those who would 
go out to the province, — to each master or mistress of a 
family, 50 acres ; to every able son or man-servant they 
should carry 50 acres more, and the like to each marriage- 
able daughter or woman-servant ; and for each child, man 
or woman servant under sixteen years of age, 40 acres ; 
to each servant when his time of service was out, 50 acres. 
This land was to be to them and their heirs forever, with 
the reservation of a penny an acre quit-rent to the Lords 
Proprietors. To those who preferred not to be encum- 
bered with paying a rent, and also to secure to themselves 
tracts of land without being forced to bring servants to 
put upon them, the Proprietora offered to sell at the rate 
of <£50 per 1000 acres, reserving a peppercorn per annum 
rent when demanded. This was certainly not very cheap 
if we assume that the pound at that time was equal in 
value to four at the present ; for the price of those wild 
lands would have been equal to about one dollar an acre 
of the present currency, a price at which large tracts of 
the same can be purchased to-day. 



The immigration to Carolina had hitherto been that 
simply of adventurers uninfluenced by any religious or 
political motives. Governor Sayle, it is true, was a Puri- 
tan, but it was not on that account that he had been made 
Governor ; it was rather because of his availability to Yea- 
mans when he determined not to come himself. So, too, 
West was a man of piety, but not on that account had 
he been appointed, but only because that he was "the 
fittest man for the trust " the Proprietoi-s could find when 
Sir John again failed them. The breaking out of the 
Popish Terror in England in 1678, and the religious ex- 
citement which ensued, in view of the succession of 
James to the throne in case of his brother's death, in 
which commotion Shaftesbury, one of the Proprietors, was 
much involved, now caused an emigration from England 
to Carolina of a class generally superior in character and 
morals to any .that had yet come, excepting only the Bar- 
badian planters and the French Protestants who had come 
out with Grinard and Petit. 

The Proprietoi-s, on the 10th of May, 1682, announced 
that they had been prevailed upon at the request of sev- 
eral eminent persons who had a mind to become settlers in 
the province to review their Fundamental Constitutions 
and to make some additions and alterations thereto. The 
first two of these changes related only to the matter of 



precedence between themselves, and were of no concern 
to the colonists. The third was the very small concession 
that the Grand Council " W** is the Senate of Carolina," 
they said, were allowed to propose to the Parliament such 
things as they might upon mature consideration think fit- 
ting for the good of the people, without first submitting 
the same to the negative of the Palatine Court in Eng- 
land. The fourth then went a small step further and 
provided that in case the Grand Council should forget 
their duty, and not take sufficient care to remedy in- 
conveniences by proposing fitting laws to be passed by 
Parliament, the grand jury of the county might present 
anything necessary to be passed into law; and if the 
Grand Council did not then in convenient time propose it 
to the Parliament, that it might be acted upon without 
their consent. The only other considemble alteration was 
that made in compliance with the desire of several eminent 
wealthy men, who proposed to become settlers in Carolina, 
and of some who were already there, who were unwilling 
to be encumbered with the payment of rent for their lands; 
for these the Proprietors agreed that rent might be re- 
mitted by special instruments under their hands and seals. 
These modifications were made to meet the views of in- 
fluential nonconformists, who were turning their eyes to 
the new country, in apprehension of persecution at home. 
In a letter accompanying these modifications their Lord- 
ships disavowed power thereafter to alter anything in the 
Fundamental Constitutions without the people's consent, 
but at the same time ordered that no person should be 
chosen a member of the Council or have land allotted 
before he subscribed submission to these laws in their 
amended form. The colonists, remembering the oaths that 
had been extorted from them to the first set, and still deny- 
ing the right of the Proprietors under the charter to make 


any law without the assent and approbation of the people 
assembled for this puri)ose, declined again to recognize 
these Constitutions even in their modified form. It was 
just as well that they did so, for a short time after — and 
that before it could have been known in England that 
they had refused to accept the Constitutions of May, 1682 — 
there came out still another set bearing date the seventeenth 
day of August, to which the Council and the people were 
again solemnly required to subscribe. No other reasons for 
the sudden alteration were given than that it was done at 
the request of certain Scots and other considerable persons. 
This last set wiis likewise rejected by the colonists.^ 

An oitier contemporaneous with the modifications of the 
Constitutions of the 10th of May, 1682, divided the province 
into three counties. Berkeley, embracing Charles Town, 
extended from Sevvee on the north to Stono Creek on the 
south ; beyond to the northwaid was Craven County, and to 
the southward Colleton County, all extending within land 
to a distance of thirty-five miles from the sea-coast. A 
County court was ordered to be established at Charles 
Town for all the inhabitants. Craven County was sparsely 
settled until the Huguenots occupied the banks of the San- 
tee, so that practically there were but two counties at this 

Oldmixon, the author of the work entitled The British 
Empire in America^ writes : — 

" 'Twas al>out this time that the Persecution rais'd by the Popish 
Faction and their adherents in England against the Protestant 
Dissenters was at the height ; and no Part of tlie Kingdom suffer'd 
more by it than Somersetshire. The Author of this History liv'd 
at that time with Mr. Blake, brother of the famous General by that 
name, being educated by his Son-in-law, who taught School in 
Bridgewater; and remembers 'tho' then very young, the reasons 

* Hi8L Sketches of So. Ca. (Kivers), Appendix, 421. 

« Ibid,, 134-135. 



old Mr. Blake us'd to give us for leaving England. One of which was, 
that the miseries they endur'd, meaning the Dissenters, then were 
nothing to what he foresaw would attend the Reign of a Popish suc- 
cessor ; wherefore he resolved to remove to Carolina. And he had so 
great an interest among Persons of his principles (I mean Dissenters) 
that many honest substantial Persons engaged to go over with him.'* ^ 

Benjamin Blake,^ Daniel Axtell, and Joseph Morton,' 
who afterwards married Blake's daughter, were the 
leaders of this movement. Several other families fol- 
lowed the fortunes of Blake; and through the encour- 
agement of Axtell and Morton, five hundred persons 
arrived in Carolina in less than a month, so that, as we 
have seen, the population of the colony was doubled during 
the period from 1680 to 1682. In reward for this great 
service, Morton and Axtell, with Thomas Colleton, who 
had been the Proprietors' agent in Barbadoes, and who 
had also contributed much to the increase of the colony, 
were made Landgraves in 1681 ; and Governor West was 
now required to give place to Joseph Morton, who was 
commissioned Governor on the 18th of May, 1682.* To find 
an excuse for his removal, the ever-ready find convenient 
charge was made against West, — that of dealing in 
V Indian slaves, and opposing the Proprietors' policy in 
the colony. The real reason was doubtlcass to encourage 
immigration fi*om this new and important source. 

* British Empire in Am.^ vol. I, 460 ; Oldmixon, Carolina, Carroll's 
Coll., vol. II, 407. 

2 Benjamin Blake was a brother of the famous English Admiral of 
the Commonwealth. The family were of Bridgewater in Somersetshire. 

' The Mortons were an ancient English family. Prominent among the 
members of it who came to America, besides Joseph Morton, were 
Thomas Morton, one of the most interesting historical ciiaracters of early 
New England; Bev. Charles Morton, Vice President of Harvard and 
author of a number of treatises ; George Morton, the ancestor of Vice 
l*resident T^vi P. Morton. Morton Memoranda (Leach), 1804. 

* Coll Hist. Soc. of So. Ca., vol. I, 100. 



A still more important movement was inaugurated 
about the same time, which was destined, however, to 
end disastrously. On the 21st of November, 1682, the 
Lords Proprietors inform Governor Morton that they had 
entered into an agreement with Sir John Cockram of 
Ochiltree and Sir George Campbell, in behalf of them- 
selves and other Scots, for the settlement of a county in 
Carolina. This new colon v was conducted to Carolina 
by Henry Lord Cardross. His Lordship was descended 
from the Lords Erskine and the Earls of Mar, and Lady 
Cardross was the daughter of Sir James Stuart. Lord 
Cardross had been in many ways a sufferer for resistance 
to oppression, and determined to seek freedom of con- 
science in America. Nor was he alone in this. A com- 
pany of noblemen entered into bonds with each other for 
making a settlement in the province. The subscribers 
.were thirty -six in number. Among them were some who 
bore the names of Callender, Cardross, Yester, Hume 
of Polwart, Cockburn, Douglass, Lockhart, Gilman, etc. 
They had obtained from the Proprietors the grant of 
a county consisting of thirty plats of 12,000 acres each 
in the neighborhood of Port Royal, the title for which 
the Proprietor undertook to secure by treaty and pur- 
chase from the Indians ; and for this purpose the Proprie- 
tors authorized Governor Morton and Maurice Mathews 
to receive and take possession of all lands sold by the 
Indians. The Scots selected Port Royal on account of 
the fame of its harbor and the excellence of its situation, 
which had been so greatly extolled; and doubtless sup- 
posing that as the titles to the lands were to be obtained 
by purchase from the Indians, no danger was to be ap- 
prehended from that source. Unfortunately, they did not 
take into consideration the proximity of the location to 
the Spaniards at St. Augustine. 





as colony was to be independent of that at Charles 
vn, and Cardross understood himself to have coordinate 

risdiction with the Governor there. He landed in 1683, 
And founded Stuart's Town, probably so called in honor of 
the family of Lady Cardross. Rivers states that Lord 
Cardross was accompanied by about ten families, among 
whose names were those of Hamilton, Montgomerie, and 
Dunlop ; but Howe quotes Wodrow, a most exact histo- 
rian, to the effect that there were many others.^ It had, 
indeed, been expected that some 10,000 emigrants would 
have been obtained from Scotland to this colony, for the 
persecution consequent upon the rising in the West 
country was then raging fearfully ; and, while many were 
fleeing before it in anticipation, many others were invol- 
untarily banished and sent to America, condemned to 

As an instance of the cruelty with which these un- 
fortunate people were treated, and illustrating the gen- 
eral insecurity of life and liberty, of the times. Dr. 
Howe relates the following incidents: A considerable 
number of Scotch rebels were sentenced to transpor- 
tation in a ship belonging to William Gibson, a merchant 
in Glasgow, and commanded by his brother. Captain 
James Gibson. On the voyage these poor people were 
disturbed when at worship, and the hatches closed 
upon them whenever they began to sing. They were 
stinted in their food, and water was unnecessarily denied 
them. One is supposed to have died from thirst. The 
sick were not cared for. One of the voluntary exiles, 
failing to pay all of his passage-money, was forced into 
the country as a servant. Two, attempting to escape, 
were barbarously used, beaten eight times a day, and, it 

1 Hist. Sketches (Rivers), 142 ; Hist. Presb. CA., 80; Wodrow's Hist, 
of the St^ferings of the Church of Scotland. 


is said, condemned to perpetual servitude, but to whom 
and in what way is not stated. Captain Gibson did not 
restrict himself to the prisoners delivered to him. He 
seized one EUzabeth Lining, who Imd gone aboard the 
vessel when lying in the Clyde, to visit the prisoners, and 
brought her o£f in captivity. She was set at liberty as a 
free woman by the Grand Council at Charles Town, on 
the 17th of October, 1684, upon her petition ; but we 
are not told that she was restored to her native land. 
Most of these prisonei-s died in Carolina. 

Governor Morton's administration was but of short du- 
ration. He was a man of a sober and religious temper o£ 
mind, with some share of wisdom ; and from his family 
alliance it was hoped that the hands of the government 
would be strengthened ; but his instructions from England 
were so opposed to the views and interests of the people 
as greatly to hamper him in the execution of the duties of 
his office. His Council was composed of John Boone, 
Maurice Mathews, John Godfrey, Andrew Percival, Arthur 
Middleton, and James Moore. Some of these differed 
widely from him in opinion with respect to public meas- 
ures, and claimed greater indulgences for the people than 
he had authority to grant. This strengthened the differ- sj 
ences between the two parties already forming in the 
colony, — one in support of the prerogative and authority 
of the Proprietors, the other in defence of the liberties of 
tlie people ; the one party relying ujion the Fundamental 
Constitutions and the Governor's instructions, and the 
other resting their riglits under the Royal charter. A 
singular illustration of the potent influence of individual 
interest over political theories and principles was here pre- 
sented. We find West, a dissenter, and Morton, who had 
just left his own country for religious freedom and politi- 
cal liberty. Roundhead commoners, both accepting the 


bauble title of Landgrave, and upholding the arbitrary 
prerogative of the Proprietor, while the churchmen from 
England and Barbadoes were, for the present, insisting upon 
the chartered rights of the people under the Royal grants. 

The election for the twenty members of Parliament had 
liitherto been held at Charles Town, the centre of the 
small population, but now that the people were increasing, 
and in a measure spreading themselves, and that the new 
counties had been laid out, the Proprietors, doubtless in- 
fluenced by Morton and his party, who had settled on 
the Edisto, directed that Berkeley and Colleton counties 
should be equally represented by the election from eacli 
of ten members ; and that the two elections should be held 
on the same day, respectively, at Charles Town and at 
London (afterwards called Wilton) in Colleton. It is 
not known whether Governor Morton had received these 
instructions at the time he convened a Parliament in 
September, 1683. On the 3d of that month the Proprie- 
tors wrote to him reiterating their instructions, and add- 
ing that, as they were uncertain that their orders had 
arrived in time, they directed that if the Parliament had 
been chosen by election only in Charles Town, that it be 
dissolved and a new Parliament called, to be chosen as 
then directed. 

There is a passage in this letter which indicates that 

the voting in Carolina even before this early day had 

been by ballot. The Proprietors wrote : — 

" We are informed that there are many undue practices in the choice 
of members of parliament, and that men are admitted to bring papers /or 
others, and to put in their votes for them which is utterly illegal and con- 
trary to the custom of parliament, and will in time, if suffered, be 
very mischievous. You are therefore to take care that such practices 
be not suffered for the future ; but every man must deliver his own vote 
and no man be suffered to bring the vote of another,** etc.^ 

1 Hist, Sketches of So. Ca. (Rivers), 135 ; Appendix, 407. 


It is certain that voting "by ballot or scrutiny" was 
expressly directed by their Lorcbhipa' instructions of Sep- 
tember 10, 1685.» 

It was certainly a great advance for the convenience 
of the people to have elections held in two places instead 
of one. But it was a most arbitrary and unjust provision 
that the new Colleton County, with its sparse population, 
settled but recently by the new-comers from England 
under Blake, Morton, and Axtell, should have equal rep- 
resentation with Berkeley, in which far the greater part 
of the people were established. Such a deviation could . 
be regarded only as a design to govern the old settlers by / 
the new. It was also another violation of the principle 

' Coll. am. Soc. of So. Co., toI. I. 115. 

The recklessness of assenioH by writers in regard to Southern history 
is strikiDgly exhibited in a recent work entilled, The Puritan in Holland, 
England, and Amei'ira (18S2). Tlie nutiior having traced to his satiB- 
faction the origin of the use of the ballcit in tlie North to the organization 
of Salem Church in 1629, in whicli it was adopted, as he holds, from Hol- 
land, proceeds boldly to assert : — 

" Here then we see the written ballot introduced into the early 
colonies where the Netherland inHuence can be directly traced and into 
them alone. Like the free school and the township it was unknown 
South of Pennsylvania, as it was in the mother country. How it finally 
worlied into the first coiistilutions of a majority of the original thirteen 
Slatefl, and how it has thence spread over the whole Union, Virginia 
and Kentucky bringin); up the rear in 1864 and 1891, has already been 
Bhown." — Vol. II, 438-440. 

There never has been an election in South Carolina except by ballot, 
aa far as is known. In Great Britain the ballot was suggested for use in 
Parliament by a political tra<-t of the titne of Charles II. It was actually 
Used by the Scots Parliament in 1662, These were the sources from 
which it was taken in this colony. Locke, wlio prescribed it in the 
Fundamental Constitutions for elections tn the Parliament and Grand 
Council, was doubtless much more familiar with these precedents and 
those of ancient Rome than with the action of the Saletn congregation. 
It will appear later on tijat the assertion in regard to free schools, bo 
far aa South Carolina Is concerned, is as untrue as that in regard to the 


for which the colonists were contending, i.e. that under 
the charter no law could be passed without their assent. 
If the Proprietors could alter the election precincts at 
will, and designate the apportionment of members of Par- 
liament in the precincts, there was an end of all influence 
and control of the people in the government. Whether 
the instructions had arrived before the election of the Par- 
liament called by Morton or not, they were disregarded, 
and the elections had been held at Charles Town as 

Governor Morton dissolved the Parliament upon the 
receipt of the letter of the 30th of September peremptorily 
ordering him so to do, — but not before numerous acts had 
been passed by it. The Proprietors were as much ofifended 
by the character of the laws passed by this body as by the 
election in violation of their ordera. They now viewed 
with abhorrence the adoption of a law for protecting the 
colonists against prosecution for debts contracted out of 
the colony as impeding the coui-se of justice, as against 
the King's honor, and repugnant to the law of England, 
forgetting that in their anxiety to encourage immigration 
they had sanctioned a similar law in 1670. They ordered 
"that all officers should be displaced who had promoted 
it." The Governor and Council were further blamed for 
slighting their instructions concerning the election. The 
Proprietora claimed to have power by their charter to call 
assemblies of the freeholders; that their Fundamental 
Constitutions appointed how this should l>e done, and that 
their ordera stood in the place of the Constitutions until 
they could be put in force. But this haughty strain, 
observes Rivers, did not quell the spirit of opposition, 
and their Lordships further showed how little they un- 
dei*stood those under their government, when, vexed at 
their failure, they wrote to Governor Morton in the follow- 


ing March, " Are you to govern the people, or the people 

Uofortunately for the plans of the Proprietors, con- 
tinues the same author, their Governors and deputies were, 
for the most part, necessarily selected from the colonists 
themselves, whose dispositions and principles they could 
not be sure were in accordance with their own. Did they 
instruct Morton to remove all officers who sold or encour- 
aged the selling of Indian slaves ? The Governor himself 
was not free from blame. Their own deputies fell under 
the blow as well as the commoners of the Grand Council ; 
and these the people thought fit to elect again. Did they 
inveigh against any indulgence to the English pirates who 
visited the coast ? The people were not disposed to hang 
them while their monarch encouraged, with unusual honors, 
the chief captain of the band. Did the Proprietors demand 
their quit-rents in money ? The people said there was no 
mint in Carolina and coin was scarce. Did they refer to 
the powers granted by the charter? The people were 
willing to be governed by the charter which made their 
concurrence necessary for the adoption of any plan of 

The Proprietors, thus foiled by their own agents, thought 
that possibly a Governor from abroad would be more sub- 
servient to their interests, so Morton was removed and 
Sir Richard Kyrle of Ireland was appointed in his place 
in April, 1684. To fit him for the position, Kyrle was, of 
course, appointed a Landgrave. The Proprietors expressed 
to him their hope that from his abilities and activity the 
affairs of Carolina would be in a better condition than 
before ; they pointed out the evils they wished him to 
remedy, cautioned him against the Spaniards, and advised 
him to put the province in a state of defence. But Sir 

1 Hist. Sketches of So. Ca. (Rivera), 136, 137. ^ ji^ia,^ 137, 133. 


Richard drd not live to carry out his instructions. He 
died within six niontlis after his arrival in the country.^ 

Upon the death of Kyrle, the Council, who under the 
instructions wei*e charged in such event to choose a person 
to act until the Proprietors' pleasure should be known, 
again turned to West and chose him as Governor ; but it 
happened that he was not at that time in the province. 
In their instructions to Kyrle the Proprietors had recom- 
mended that in case of his absence he should commission 
Robert Quarry, the Secretary of the province, as Governor 
of Charles Town ; acting upon this intimation of their 
Lordships' opinion of Quarry, in the absence of West the 
Council chose him as Governor. But it was, indeed, diffi- 
cult to please their Lordships. They disapproved the 
selection. Forgetting, apparently, that they had denied 
Yeamans's right to be Governor because he was a Land- 
grave, they now wrote to the Council that they should 
have chosen Landgrave Morton, whom they, the Pro- 
prietors, had just removed to make way for Kyrle, "to 
whom," they said, in the absence of Landgrave West, " by 
virtue of our Fundamental constitutions and instructions 
the government of right belonged," — a rule we shall soon 
see them disregarding when it conflicted with their pur- 
poses. Beyond the expression of their disapproval, the 
Proprietors did not, however, interfere. Colonel Quarry 
was a man of character, and subsequently occupied other 
high positions in colonial afifairs. He succeeded Edward 
Randolph as Surveyor General of his Majesty's customs in 
America, was Vice Admiral of Carolina ^ in 1700, and after- 
wards became Judge of Admiralty of New York and Penn- 
sylvania. His short ad interim administration was not a 
fortunate one — responsible as it was, in part, for the ill- 

^ Hewatt, vol. I, 92 ; Hist. Sketches of So. Ca. (Rivers), 138. 
2 Coll. Hist. Soc. of So. Ca., vol. II, 266. 


treatment of the unhappy Scotch colony under Lord 
Cardross. But the justice of the accusation for complicity 
with the pirates, for which it has been most known in 
history, is at least not free from doubt. 

On the Ist of September, 1684, an armed vessel came 
into the Ashley, which pretended to have been trading 
with Spaniards, and Quarry reported to the Proprietors 
that he had prohibited the landing or selling of any of its 
goods, as he had received information that it was a pirati- 
cal vessel. This statement, it was afterwards charged to 
the Proprietors, was false ; that in fact, although Quarry 
knew the vessel to be piratical, he had allowed the plun- 
dered goods to be landed and sold. Quarry had in the 
meanwhile displeased the Proprietors in other matters, 
particularly by his treatment of Lord Cardross. On the 
16th of Februaiy, 1685-86, they ordered an inquiry as to 
his conduct, declaring that the truth of the charge must 
be proved or Quarry's reputation vindicated.^ Two months 
after, April 26, complaining of his conduct to Lord Car- 
dross, they threatened that he should be suspended from 
his office as Secretary if he persisted in his "refmctioness."^ 
Six years later. May 13, 1691, they allude to " Mr. Quarry 
who had been dismissed by them from the Secretaryship 
for harboring pirates and other misdemeanors."^ Whether 
his complicity with the pirates, or "other misdemeanors" 
which he persisted in, was the real cause of his removal 
from the office of Secretary may be doubted in view of his 
subsequent career. However this mfiy be, we find him 
in 1697 apparently in full favor again with their Lord- 
ships.* It is scarcely credible that he would have been 
chosen to the high position he afterwards occupied, both 
in regard to the King's revenue and as Judge of Admi- 

1 Coll Hist. Soc. of So. Ca.y vol. I, 116. 
« Ibid, » Ibid, , 127. * Ibid. , 143. 


ralty, had not his character been fully vindicated from the 
charges of harboring pirates, and of a false report to cover 
up his conduct. 

The Proprietors at this time were, no doubt, sensitive 
upon this subject. Sir Thomas Lynch, the Governor of 
Jamaica, had shortly before complained to the Board of 
Trade and Plantations in England of the great damage 
that arose to his Majesty's service, by the harboring and 
encoumging of pirates in Carolina and other governments 
and proprietaries, where there was no law to restrain them.^ 
Jamaica itself, it may be observed, had just been required 
by the Royal Government to adopt and enforce an act sent 
out from England for the suppression of this evil in her 
own waters.^ Lynch 's complaint did not apply to Carolina 
alone, though it was the only province he mentioned by 
name ; nor does he mention the colony at Charles Town. 
His complaints are general, and may probably have been 
grounded upon the visits of pirates to Cape Fear, which 
was their favorite resort. 

When the English colonists under their charter settled 
Carolina, pirates had been for many years occupying the 
coast at their pleasure. Indented as it was by numerous 
harbors and inlets, it afforded them a safe refuge when pur- 
sued by their enemies, and most available places for refit- 
ting and repairing after a cruise. Here they could bring 
their prizes; and if ancient tradition be true, here they 
buried their treasures. The coast country was a wilder- 
ness, inhabited only by scattered tribes of Indians; and 
once within the headlands of the spacious harbor, they 
were protected from interference and could plot their 
nefarious schemes at their leisure.^ 

1 Colonial Records of No. Ca., vol. I, 347. 
'-* Bryan Edwards's Hist. West Indies, vol. I, 292. 
' The Carolina Pirate (Hughuson); Johns Hopkins Univ. Studies, 
12th Series, V, VI, VII, 12. 


Charles II had, upon his restoration, openly encouraged 
these public robbers, who, sometimes under the designation 
of privateers, had devastated and plundered the Spanish 
dominions. The business was esteemed just and laudable 
as long as it suited the Royal interest, and was treated as 
an honorable mode of warfare. From mere whim his 
Majesty had knighted Henry Morgan, a Welshman who 
had plundered Porto Bello and Panama. He not only 
knighted this buccaneer, but had made him Deputy Gov- 
ernor of the Island of Jamaica, the present Governor of 
which was now complaining of pirates. This body of 
plunderers was so formidable, indeed, as to strike terror 
into every quarter of the Spanish dominion. When peace 
was declared between England and Spain, many of these 
so-called privateers naturally developed into avowed 
pirates, and cared no more for England than Spain. But 
at first there was doubtless a ground of legitimate sym- 
pathy between the colonists in Carolina and these wild 
rovers. Hitherto their warfare — conducted under genu- 
ine or pretended commissions as privateers — had been 
principally, if not altogether, against the commerce and 
colonies of Spain. The Spaniards in Florida, though their 
government in Eui-ope was actually in a treaty of peace 
with Great Britain, disregarded its obligations, and pur- 
sued the colonists of Carolina as their enemies. Were the 
feeble colonists in Carolina, having the Spaniards and 
Indians already to contend with, to incur the enmity and 
invite the hostility of these buccaneers that the European 
powers were unable or unwilling to suppress ? Were the 
Carolina colonists to be pillaged by the Spaniards at St. 
Augustine, and on their part to regard and treat these 
people, whether privateers or pirates, as enemies because 
they in turn preyed upon the Spaniards ? 

But however natural, and in some sort legitimate, was 


the sympathy of the Carolina colonists with the enemies of 
the Spaniards — whoever they might be; however unjust 
it was to expect the weak colonists on the Ashley to enter 
into conflict with them, — there does not appear after all 
that there was any sufficient ground for the charge that the 
Carolinians were, in fact, aiding and abetting the pirates. 
Nor did the Proprietors quietly submit under the charge 
that their colony was to be blamed in the matter. Craven, 
the Palatine, met the accusation promptly and with spirit. 
On the 27th of May, 1684, he wrote to the Board of Trade 
that upon inquiry he had been informed that one Jacob 
Hall did touch at Carolina for wood and water as he 
came from Vera Cruz, but belonged not to Carolina, nor . 
was any inhabitant of the province with him. He had 
stayed but a few days and then sailed for Virginia. Hall, 
continued the Earl, acted under Van Horn, who had a 
commission from the French, and his Majesty's pleasure 
not to suffer his subjects to take commissions from foreign 
princes not being known in Carolina was the reason, he 
conceived, why the privateer had not been secured. The 
Earl went on to say that he could not hear but of one more 
that ever was in Carolina, and that that one, not pretend- 
ing any commission from any foreign prince, and having 
taken some vessels, was indicted, found guilty, and exe- 
cuted. The captain, with two other of the most guilty of 
the company, had been hung in chains at the entrance of 
the port, and their bones hung there to that day, an ex- 
ample to others. Furthermore, Lord Craven plainly in- 
timated that Sir Thomas Lynch, who was now so virtuously 
calling attention to the harboring of pirates by others, was 
not himself free from implication with their business. 
Nevertheless, Lord Craven informs the Board of Trade 
that the Proprietors had sent directions to Carolina to pass 
an act like that of Jamaica for the suppression of the evil.^ 

* Colonial Records of Xo. Ca., vol. I, 348. 


On the 11th of March, 1684-85, the Proprietors again 
issned a commission to Joseph West as Governor, but it 
was not until September of that year that he resumed the 
office he had resigned to Morton two years before.^ In 
the meanwhile the difficulties of political affairs had 
greatly increased. The apportionment of the members of 
Parliament was still warmly opposed by the inhabitants 
of Berkeley County, whose able leaders were displaced 
from the Council upon the same pretexts that West had , 
been, two years before, removed from the governorship; 
viz. upon the charge of sending away Indian slaves. 
Another difficult question with which Governor West had 
now to contend was that in regard to the tenure of land. 
In the first Fundamental Constitutions and in the Agra- 
rian Laws the Proprietors had declared that lands should 
be held for the rent of a penny an acre, "or the value 
thereof," upon which terms and inducements many persons 
had emigrated to Carolina. But now it was declared that 
lands should be held only by indentures, in which the 
words " or the value thereof " were to be stricken out and 
a reservation added of reentry on failure of paying the 
quit-rent in money. To the opposition excited against 
this clear violation of the contract upon which the colo- 
nists had come out, and the reasonable request that, as 
money was scarce, the rents might be paid in merchantable 
produce of the land, the Proprietors only replied, " We 
insist to sell our lands our own way." Then their Lord- 
ships recurred again to the old subject of the Funda- 
mental Constitutions. On the 12th of March, 1684, the 
day after they issued his commission, they wrote to Gov- 
ernor West instructions containing thirty-eight articles, 
which repealed all former instructions and temporary laws, 
and ordered the third set of Fundamental Constitutions 

1 Coll Hist. Soc. of So, Ca., vol. I, 113. 


(i.e. of January, 1682) to be subscribed and put in prac- 
tice. The members of the Grand Council, who repre- 
sented the people, protested against this measure, which 
sought with so decisive a step to change the government 
of the colony.^ 

Governor West contended with these difficulties for a 
year without success, when, hampered by his instructions, 
and finding it impossible to reconcile the growing differ- 
ences between the Proprietors and the colonists, utterly 
disheartened he gave up, and, it is said, abandoned the 
province. Nothing is known of his subsequent career.' 
Oldmixon, who wrote in 1708, mentions " Mr. Landgrave 
West's plantation," which implies that* he was still living 
and owned the place ; but whether alive or residing in the 
province is not more definitely stated.* West had thus 
acted three times as Governor, on each occasion being the 
choice of the people, and twice under commission from 
the Proprietors. He was for a longer time Governor 
than any other under the Proprietors. In a government, 
says Rivers, carefully planned to be an aristocracy, and 
under the fostering direction of distinguished nobility in 
England, he, a plebeian, faithful, wise, and modest, became 
for fifteen years the guiding spirit of all that was good 
and successful.* 

But wise and good as he was, twice he was put aside by 
the Proprietors to suit their pride or their interest — once 
for Sir John Yeamans, not because of any fault of his, but 
because Sir John was a Landgrave, and the Proprietors 
could not as yet bring themselves to raise their humble, 

1 Hist. Sketches of So. Ca. (Rivers), 139, 140 ; Coll Hist. Soc. of So. 
Ca., vol. 1, 114. 

^ Hist. Sketches of So. Ca. (Rivers), 141. 

« British Empire in Am., vol. I, 613 ; Carroll's Coll., vol. II, 452. 

* Hist. Sketches of So. Ca, (Rivers), 141. 


faithful servant to that dignity. The next time he was 
made to give way to a new-comer of wealth and influence. 
It was during his administration, February 16, 1684-85, 
that the Proprietors announced the death of King Charles 
II and the accession of his brother James, and instructed 
him to proclaim the new King at Charles Town and Lon- 
don,' which was accordingly done. 

' Coll. HiH. Soc. of So. Ca., toI. I, 111 



On the retirement of West, the Council chose Morton 
as Governor; the Proprietors confirmed their choice and 
in September, 1685, sent him their commission. Gov- 
ernor Morton's second administration was still shorter than 
his first, but it is memorable for three important events: 
(1) The refusal of the representatives of the people to sub- 
scribe the Fundamental Constitutions ; and their conse- 
quent expulsion from Parliament. (2) The establishment 
in Carolina of a revenue officer under his Majesty to en- 
force the customs and the navigation laws ; and the opposi- 
tion of the people to his demands. (3) An invasion by 
the Spaniards, and the destruction of Lord Cardross's 
colony at Port Royal. 

The Parliament which convened in November, 1685, 
consisted of eight deputies of the Lords Proprietors and 
twenty commoners, of whom one was absent. The depu- 
ties were Joseph Morton, Robert Quarry, John Godfrey, 
Paul Grimball, Stephen Bull, Joseph Morton, Jr., John 
Farr, and William Dunlop. Governor Morton, in obedi- 
ence to the instructions sent to Governor West, called 
on the members to subscribe the Fundamental Constitu- 
tions of 1682. Twelve of the nineteen refused to 
do so, because, as they said, they had already subscribed 
to those of July, 1669. The Governor thereupon ordered 
them to quit the house. They protested, without avail, 



against the tyranny of their ejectment. The remaining 
seven enacted all the laws passed at that session of Parlia- 
ment.^ These were, however, but foui" in number: 
(1) The act which had been sent out for restraining and 
punishing privateers. (2) An act for the better security 
of the province against hostile invasions and attempts by sea 
or land, which the neighboring Sjmniards or other enemy 
might make upon the same. (3) An act for reviving 
several acts theretofore made which had expired. 
(4) An act fixing the fees chargeable to the register of 
births, marriages, and burials.^ 

In 1685 George Muschamp arrived at Charles Town as 
the first Collector of the King's revenue, and the Governor 
and Council were instructed "not to fail to show their 
forwardness in assisting in the collection of the duty on 
tobacco transported to other colonies ; or seizing ships that 
presumed to trade contrary to the acts of navigation,"* 
Muschamp's arrival introduced into Carolina a subject 
which had already been the cause of great animosity and 
contention in other colonies, especially in Barbadoes, — a 
grievance wliich was really the cause of the great revolu- 
tion of near a hundred years after. 

The Navigation act, which wa.s the basis of England's 
commercial prosperity, had originated in no enlarged view 
of statesmanship. Its rudiments were laid by the Long 
Parliament with the narrow view of crippling the West 
India sugar colonies which held out for the Royal cause, by 
stopping the gainful trade which they tlien carried on with 
the Dutch, and at the same time clipping the wings of 
those opulent and aspiring neighlwrs. The act prohibited 
all ships of foreign nations from trading with any English 

' EUt. Sketches {Itivere), 141. 142. 
* Statutes of So. Ca., vol. II, 7-14. 
•ChslmeTa'8 Pol. Aiih.; Carroll's Coll., 322. 


plantations without license from the Council of State. In 
1651 the prohibition was extended also to the mother 
country, and no goods were suffered to be imported into 
England or any of its dependencies in any other than 
English bottoms, or in the ships of that European nation, 
of which the merchandise imported was the genuine 
growth or manufacture.^ 

The Barbadians vigorously protested against this meas- 
ure, which was aimed chiefly at their trade with the 
Netherlanders. A spirited declaration was drawn up and 
subscribed by Lord Willoughby, the members of his Council, 
and the assembly of Barbadoes, stating their objections and 
expressing their firm resolution of opposing the act of 
Parliament to the utmost extent of their power. It is 
most interesting to observe that in their admirable ad- 
dress, the Barbadians, more than a hundred years before, 
anticipated the fundamental ground of the American Rev- 
olution by the bold declaration, — " they totally disclaimed 
the authority of the British Parliament in which they were 
not represented^ To submit to such a jurisdiction, they 
asserted, would be a species of slavery far exceeding any- 
thing which the nation had yet suffered, and they affected 
not to doubt — they declared — that the courage which 
had enabled them to sustain the hardships and dangers 
which they had encountered in a region remote from 
their native clime, would continue to support them in 
the maintenance of that freedom without which life it- 
self would be uncomfortable and of little value.^ Brave 
words, which were sustained by an equally bi*ave resist- 
ance ! But Barbadoes was reduced by the parlia- 
mentary forces, and the act imposed upon them. The 
Barbadians looked with confidence that, upon the Restora- 

* Black8tone*8 Com., vol. I, 418. 

* Poyer'8 Hist, of Barbadoes^ 63-56. 


tion, this act would have been set aside, but the benefits 
resulting to England from a system which accident and 
resentment, rather than any ideas of true policy, had sug- 
gested to Cromwell, soon put an end to any such hopes.^ 
The only material alteration made was to increase its 
rigor. By Statute 12 Car. II, c. 18, it was in addi- 
tion prescribed that the master and three-fourths of the 
mariners of every vessel importing goods into England or 
into any of its dependencies should also be English sub- 
jects.' It was this law which Muschamp had now come 
to enforce upon this colony. 

The Carolina colonists, following the line of their first 
strict constructionist, " Will Owen," who no longer, how- 
ever, appears in their Councils, took the position that 
their charter having been granted subsequently to the 
passing of the Navigation act, superseded that law in 
this province.^ Their resistance to the act, we may be 
sure, did not, however, rest solely upon this ingenious 
view. If it had not been suggested, the colonists would 
doubtless have done just as they did without this excuse. 
They disregarded -Mr. Muschamp, and traded as they 
pleased. The point raised by the colonists seems, how- 
ever, to have given the government at home some con- 
cern. This reception of the King's officer by the colonists 
was at this time well calculated to give great anxiety to 
the Lords Proprietoi-s, for James II wanted but an excuse 
to revoke their charter. He had, indeed, already deter- 
mined to suppress all the Proprietary governments ; had in- 
structed the Attorney General to proceed by quo warranto 
against them ; and proceedings were actually pending at 

* Poyer'g Hist, of Barbadoes, 77. 

* Blackstone's Com.y vol. I, 419. 

« Chalmere'8 Pol. Ann.; CarrolPs Coll., 322 ; Hist. Sketches (Rivers), 


this time which resulted in the overthrow of the charter 
governments of New England. The Proprietors of Caro- 
lina, however, bent to the storm, and it passed over them 
for the time.^ 

The misfortunes of the Scotch exiles did not end upon 
their arrival in Carolina. It might have been supposed 
that the colony at Charles Town would have hailed with 
joy the establishment of another at Port Royal, if for no 
other than the selfish reason of the protection which such 
a colony would have interposed between them and the 
hostile Spaniards at St. Augustine. But, on the contrary, 
they received the Scotch exiles with little favor. Jealous- 
ies soon arose with regard to the political power of the new 
settlement. Lord Cardross claimed from his agreement 
with the Proprietors coordinate authority with the Gov- 
ernors and Grand Council at Charles Town. This was re- 
sented, and Morton and his Council continuing to exercise 
jurisdiction over pei"sons within the territory given to Lord 
Cardross, his Lordship with Hamilton, Montgomerie, and 
Dunlop joined in a communication, which was taken by 
Dunlop in person to the Governor and* Council at Charles 
Town ; in which they with dignity and forbearance ex- 
postulated against this conduct, reminding them that both 
communities were under the same King and the same 
Lords Proprietors ; that it was against the interest of either 
to allow jealousies, especially at a time when they had 
ground to apprehend a Spanish invasion. Dunlop would 
inform them — they wrote — of the " sinistrous dealings" 
of two noted Indians, Wina and Antonio^ who were insti- 
gating the Indians around to hostilities among themselves, 
and against their settlement, and were entertaining a spy 
from St. Augustine or St. Mary's. They requested the 

1 Chalmers's Pol. Ann. ; Carroirs Coll.. 323 ; riiat. Sketches of So. Ca. 
(Rivers), 149; Colonial Records of No. Ca , vol. I, 362, 363. 


Governor and Council at Charles Town to deliver to Dun- 
lop six guns the Lords Proprietors had promised them. 
These overtures met with a rude repulse; the Grand 
Council peraisted in their complaints — they even went 
further and summoned Lord Cardross before them, as if 
to answer for some high misdemeanor ; and when he did 
not come, they affected to treat his failure to appear as a 
contempt, though his Lordship, overcome by the heat of 
a climate to which he was not accustomed, lay at Port 
Royal prostrate with fever.^ Another instance is here 
presented of the ill-judgment and impracticability of all 
the Proprietors' schemes. Two jurisdictions were set up 
without a clear line of demarcation between them, and 
with doubtful and conflicting powers. Lord Cardross, 
disgusted with his arrest and ill-usage, abandoned the 
struggle and, fortunately for himself, retired before the 
blow fell upon the colony, of which his associates and 
himself had in vain warned the Governor and Council at 
Charles Town. He returned to Scotland and took an 
active part in the political revolution which was then at 

The two Dunlops, William and Alexander, who came 
out with Lord Cardross, were both men of influence, and 
became of considerable temporary consequence in the 
colony. William, who bore the communication to the 
Governor and Council, did not get the guns for which he 
applied ; but on the 18th of November the Proprietors 
wrote that they had appointed Alexander Dunlop sheriff 
of Port Royal, and directed the guns to be delivered to 
him or to Lord Cardross.^ They at the same time recom- 

^ Hist. Sketches of So. Ca. (Rivers), 142, 143; Appendix, 407-409; 
Howe's Hist. Presb, Ch., 84, 86. 

2 Hist, Sketches of So. Ca. (Rivers), 140; Oldmixon, Carroirs Coll., 

» Coll. HUt. Soc. of So. Ca., vol. I, 116. 


mend William Dunlop to the consideration of the Gov- 
ernor and Council at Charles Town, and on the 23d of 
that month he appears as a deputy among them.^ It is 
probable that it was through his influence the act was 
passed attempting to provide for the better security of 
the province against Spanish invasion. But, beside the 
passing of the acts which recognized a state of war as 
actually existing between the Spaniards and the Caro- 
linians, nothing was done to meet the thi*eatened emer- 

Lord Cardross had warned Governor Morton and his 
Council of the threatened invasion, but in vain. They 
would not even send him the dismounted and useless 
guns lying at old Charles Town, which had been prom- 
ised by the Proprietors, until ordered to do so by their 
Lordships in November, 1685. The Scotch colony at 
Port Royal was utterly destroyed in consequence, but 
it did not suffer alone. The Governor himself was made 
to feel the blow. 

In the summer of 1686 the Spaniards appeared.^ They 
came suddenly with three galleys, — a hundred white 
men, with an auxiliary force of Indians and negroes, — 
and landed on the Edisto. They sacked the houses of 
Governor Morton and of Mr. Grimball, the Secretary of 

* Statutes of So. Ca.y vol. II, 9. After remaining in the colony for 
some years and taking an active part in its a£fairs, William Dunlop re- 
turned to Scotland in 1090, and became principal of the University of 
Glasgow. Howe's Hist. Presb. Ch.^ 117. 

3 The exact date of the appearance of the Spaniards is nowhere given. 
Chalmers states that it was ** towards the end of the year 1680.** But it 
certainly took place before October, for the Parliament was assembled, 
and passed an act in consequence of it, on the 1 5th of October. It 
was certainly later than March, as Edward Randolph refers to it as hap- 
pening in 1686, by the old style the year beginning in March. The calling 
of the Parliament, the appeal to the Lords Proprietors, etc., which took 
place, would indicate that it must have been some time before October. 


the province, who were at Charles Town, and pillaged 
them to the value of ^3000 sterling, cariying off money, 
plate, and thirteen slaves of tlie Governor, and murdeiing 
bia brother-in-law. Thej then turned upon the Scotch 
settlers at Port Hoyal, but twenty-five of whom were in 
sufficient health to oppose them. The Spaniards killed 
some, took others captive, wiiom they whipped in a 
barbarous manner, and plundered and utterly destroyed 
the settlement- The few who remained of thia unfortu- 
nate company found refuge in Charles Town.' 

Party strife was now forgotten in the esciteraent. An 
appeal was made to the Lords I'roprietors, and in the 
memorial sent they were prayed to represent the matter 
to his Majesty.^ But the Carolina colonists did not wiiit 
for an answer to this appeal, which could not reach them 
for months. They determined to take the matter into 
their own hands, and to give the Spaniards a lesson 
which would deter tliem from any repetition of insult and 
invasion. Unable to defend the wide extent of their 
territory at all points, they determined that the best 
measure of defence was boldly to strike at the heart of 
the enemy. Tlie Governor and Council countenancing 
the scheme, a Parliament was summoned, and on the 15th 
of October an act passed for the immediate invasion of 
the Spanish territory. An assessment of X500, equiva- 
lent probably to about $10,000, was made, and Joseph Pen- 
darvis and William I'opell were appointed Receivers of the 
moneys raised. All the powers of the Grand Council 
were vested for the time in the Governor and any four 
of the Council. Preparations were all completed. Two 
vessels were fitted out, and four hundred men were ready 
to sail tor the conquest of St. Augustine, when the ex- 

i Hit. SkiMhe» 0/ So. Ca. (Riven), 143, 144 j Appendix, 426, 443. 


pedition was suddenly stopped by the arrival from Bar- 
badoes of James Colleton, brother of the Proprietor, who 
had been created a Landgrave, and brought with him 
a commission as Governor of Carolina. He threatened 
to hang any of the colonists who persisted in their project, 
and they reluctantly abandoned it.^ This was the un- 
fortunate beginning of a weak and disastrous rule. 

James Colleton was one of the distinguished family of 
CoUetons from Barbadoes. Like his father, Sir John, and 
his brother, Sir Peter, he had occupied a prominent posi- 
tion there, and had been a member of the Assembly of that 
island from the parish of St. John's. To his dignity of 
Landgrave, 48,000 acres of land were inalienably annexed 
under the Constitutions. In an old map of 1715 Colleton's 
baronies are put down as covering most of what is still 
known as St. John's Parish, Berkeley ,2 and we may safely 
assume that in laying out and naming the parishes in 1706, 
that parish, as well as the parish of St. John's, Colleton, 
received their names from the old home of the family 
in Barbadoes. Unfortunately, James Colleton possessed 
neither the address nor abilities of the other members 
of his family. His career in Carolina began most unhappily. 
His conduct from the outset aroused the deepest resent- 
ment of the colonists. 

The Proprietors, threatened at this time with the quo 
warranto proceedings and the forfeiture of their charter, — 
subservient to the Royal humor, which was now intent 
upon preserving a nominal peace with Spain, — promptly 
approved the action of the new Governor. While the 
colonists were burning with indignation at so unexpected 
and unworthy a termination of their efforts, the Lords 
Proprietors wrote to Colleton : " We are glad that you 

1 Hist. SketchesofSo. Ca. (Rivers), 144 ; Statutes of So. Ca.., vol. 11, 15. 

2 Year Book City of Charleston (Courtenay), 1886. 


have stopped the expedition against St. Augustine. If it 
had proceeded, Mr. Morton, Colonel Godfrey, and others 
might have answered it with their lives." ^ They proceed 
meanly to justify the raid of the Spaniards upon the 
ground that the colonists had harbored pirates who were 
warring on them, and to argue " that every rational man 
must 'have foreseen that the Spaniards thus provoked" 
(i.e. by the harboring of pirates) would assuredly retaliate ; 
that the clause in the patent (i,e, the Royal charter) that 
had been relied on to justify the measure " meant only a 
pursuit in heat of victory, but not a deliberate making of 
war on the King of Spain's subjects within her own terri- 
tories, nor do we claim any such power. No man," they 
wrote, "can think that the dependencies of England can 
have power to make war upon the King's allies without 
his knowledge or consent." ^ This angry message on the 
part of the Proprietors, manifestly prepared rather for 
the political atmosphere of London than with regard to the 
interests of the colony in Carolina, was, to say the least, a 
most disingenuous statement of the case. The Proprietors 
had apparently forgotten that, but a short time before, 
the Earl of Craven had written to the Board of Trade, 
specifically denying that the Carolinians had ever harbored 
pirates.^ The cause of the intense hostility of the Spaniards 
to the Carolinians was far deeper and more abiding. It 
had its origin, as we have seen, in the charters under 
which the Proprietors claimed. The long-threatened 
attack was made because the Spaniards claimed the land 
upon which Lord Cardross's colony was settled, and re- 
garded the colony as another encroachment on their terri- 
tory. It is true that the Governor of St. Augustine 

1 Hist. Sketches of So. Ca. (Rivers), 144. 

« Chalmers's Pof. Ann.; Carroll's Coll., vol. II, 319, 320. 

' Ante, 206. 


disowned the invasion, and declared that it was made 
without his orders; but it is equally true that he, at 
the same time, refused to give up the slaves taken by 
the raiders without an order from the King of Spain.^ 
If the King of Spain could thus connive at the war made 
by his subjects upon the English colonists, were the colo- 
nists to remain supine and passively await their owh de- 
struction, while the Proprietors, three thousand miles 
away, were consulting the diplomacy of the court of 
St. James whether or not to permit retaliation? 

But the provision in the charter upon which the colo- 
nists relied explicitly justified their conduct. The fif- 
teenth clause recited and provided : " And because that in 
so remote a country and scituate among so many barbarous 
nations as well of savages as other enemies pirates and 
robbers may probably be feared," authority was expressly 
given to the Proprietors "by themselves or their captains 
or other officers to levy muster and train up all sorts of 
men of what condition so ever, or wheresoever born, 
whether in the said province or elsewhere, for the time 
being to make war and pursue the enemy aforesaid^ as well hy 
sea as by land^ yea^ even without the limits of the said prov- 
ince and by God's assistance to vanquish and take them 
and being taken, to put them to death by the law of war," 
etc.2 There is nothing in the grant of sovereign power to 
the viceregal government of the Proprietoi-s restricting it 
to " only a pursuit in heat of victory " ; the power given 
was "/or the time being to make war^^ and to pursue the 
enemies beyond the limits of the province. The plea, 
therefore, of the want of authority to allow the colonists 
to strike a manly blow in their own defence was a paltry 

1 Edward Randolph to Board of Trade, Appendix Hist. Sketches of 
So. Ca. (Rivers), 443, 444. 

« StattUes of So. Ca.j vol. I, 39. 


excuse to propitiate the King, whose displeasure had 
arisen from other causes. 

The Proprietors ordered "a civil letter" to be addressed 
to the Governor of St. Augustine inquiring by wh»t 
authority he acted.' Thus, it will be observed, they them- 
selves regai'ded the attack as no mere raid of unauthor- 
ized pillagers, but an invasion sanctioned by the Spanish 
Government; a view which, as we have seen, was subse- 
quently sustained by the action of the Spanish Governor 
in spite of his denial. In further coiiGrmation of this, a 
new Governor having come to St. Augustine, he dis- 
patched a friar to Cliarles Town to treat with the gov- 
ernment here upon the subject. 

And now fresh cause of offence was given by Colleton 
to the people, and grave suspicion aroused as to the 
honesty of his conduct. He refused to consult with the 
"commoners" in his Council, as the representatives of 
the people were termed, and only mentioned the Spanish 
messenger to them when he had to ask their consent to 
his maintenance out of the public treasury. Passing by 
"the bloody insolence the Spaniards had committed," Col- 
leton, who could not pursue them in war, without the 
King's consent, now enters into a treaty of commerce with 
their agent, the friar. In pursuance of this agreement, the 
Spanish Governor sent what he considered the actual cost 
of the plunder which had been carried off; but would not 
return the captured negroes, who were actually employed 
in building a fort near St. Augustine. The colonists com- 
plained bitterly of the Governor's conduct. He had acted, 
it was said, contrary to the honor of the English nation, 
and for a little filthy lucre had buried in silence atrocities 
upon Englishmen who wanted not courage to do them- 
selves honorable satisfaction.' They were, no doubt, all 

•aw. SketchetofSo. Ca. CRivetB), 146. "/6id.. U5; Appendix, 426. 


the more chagrined when they afterwards learned that 
the Spaniards, upon hearing that they were coming to 
avenge their wrongs, had left their town and their castle 
and fled into the woods to save themselves. The expedi- 
tion against St. Augustine was stopped for the time. But 
it was only postponed. The rupture between England and 
Spain in a few years allowed its renewal ; but without the 
success which would probably have been attained at this 

This excitement had not yet abated when Mr. Mus- 
champ, in April, 1687, seized a vessel for violating the 
revenue law, upon the ground that four-fifths of the crew 
were Scotchmen and not Englishmen — the Navigation act 
not permitting Scotchmen the benefit of its provisions. 
The evidence, upon the trial, Muschamp had to admit, was 
not very clear ; but the colonists disdained to rest the case 
upon the failure of proof. The court. released the vessel 
and distinctly intimated, it is said, that had the evidence 
been ever so clear, the decision would not have been other- 
wise, as the charter gave the colonists the right to trade 
with Scotland and Ireland, and that they had the right 
to transport their own product in ships navigated by 
Scotchmen. Mr. Muschamp's report was referred to 
Powis, the Attorney General of England, who gave it 
as his opinion that the trade, i,e. that to Scotland and 
Ireland, was most directly contrary to the acts of Parlia- 
ment; and though the charter of the colony was subse- 
quent to the navigation acts, there was no color for the 
claim that it superseded those statutes unless it was so 
expressly provided. Upon the point whether it was so 
expressly provided in the charter, he gave no opinion, but 
advised that the charter should be inspected, and if it 
should appear that the charter did exempt the colonists 
from its operation, he would then be prepared to give his 


opinion whether an act of Parliament could be overridden 
by a charter.^ 

The Proprietors were not slow in perceiving the drift 
and intimation of this opinion and were prompt in dis- 
claiming any right to exemption from the navigation laws, 
which, they humbly conceived, "must be the discourse of 
ignorant and loose people only and not of any concerned 
in the government." They had no doubt but that the 
ship seized by Mr. Muschamp would have been condemned 
if there had been sufficient proof. They did not know, 
they said, what encouragement any ships from Scotland 
or Ireland could have to trade at Carolina, the inhabitants 
having hardly overcome tlieir want of victuals, and having 
nothing to export but a few skins and a little cedar, both 
of which did not amount yearly to £2000.^ 

A large majority of the representatives of the people 
had, as we have seen, refused their assent to the act of the 
Fundamental Constitutions of 1682 which Governor West 
had been instructed to have subscribed, and which in- 
structions Governor Morton had attempted to enforce. 
The refractory commoners had been excluded from the 
House, and, returning to their homes, spread .disaffection 
everywhere. The dissenters, observes Rivers, who had 
left England in considerable numbers, driven by their 
apprehension of persecution under the coming reign of 
James II, had at first, in changing from a worse to a bet- 
ter condition, naturally supported the submissive party in 
the colony. In particular, Joseph Blake, whose daughter 
Morton had married, added his influence in checking and 
allaying "the extravagant spirit" of the discontented. 
But the more extravagant spirit of the instructions sent 
to Carolina threw the majority of the people, however, 

1 Chalmers's Pol. Ann, ; CarroU's Coll., 342, 346. 


differing in their principles on some matters, into the ranks 
of the opposition party. 

The Proprietors had hitherto been greatly disappointed 
in the character of their Governors, who had generally, as 
they considered, opposed their views or exerted them- 
selves in too feeble a manner to promote them. Sayle 
had been a good man, but a weak Governor. Yeamans 
had proved ambitious and selfish, and inclined to make 
the interest of Carolina subservient to that of Barbadoes. 
West had been wise and prudent, but he had not had 
the force — if he had the will — to meet and encounter 
the party who were beginning to demand constitutional 
liberty under the charter, and to refuse to be governed 
except under its provisions. Then they had tried Morton, 
— a new man, unconnected with the early disputes in the 
colony, and who, for the substantial civil and religious 
liberty he was to enjoy, was willing to accept the forms 
of the Fundamental Constitutions, especially when flat- 
tered with the dignity of a Landgrave under them. The 
Proprietors soon, however, found that Morton's principles 
inclined him to their opponents rather than to themselves. 
But in Landgrave Colleton they reposed entire confidence, 
expecting much from his talents and still more from his 
attachments. He built himself a fine mansion at old 
Charles Town, received from the Parliament an ampler 
support than had been enjoyed by former Governors, and, 
secure of the good will of the Proprietors through the 
influence of his brother, he no doubt looked forward to 
prosperity and happiness in the new home to which he 
brought his family. The Proprietors, indeed, had never 
been more faithfully represented.^ It might have been 
better for them had Colleton's devotion to their interests 
less blinded him to that of the province, which was, in 

1 Hist. Sketches of So, Ca. (Rivera), 161. 


fact, inseparable from their own. His instructions required 
him to punish the former Governor and officei-s for various 
offences, to execute the law against pirates with rigor, and 
to put down the faction consisting of men of various views 
and avowing different principles ; '' Sprang up as we are 
assured," said the Lords Proprietors, "as rampant as if the 
people had been made wanton by many ages of prosperity." ^ 

The Proprietors, in their zeal to appease the Royal au- 
thorities, had sneered at the commerce of their province, 
and yet out of the seven acts passed during Colleton's ad- 
ministration before his rupture with the Parliament, five of 
them relate to the commerce of the place, indicating that 
notwitlistanding all the troubles of the colony its business 
was steadily increasing. The acts passed were (1) "For 
servants hereafter arriving without indentures or con- 
tracts " ; (2) " For the preventing seamen from contracting 
great debts" ; (3) " For regulating the entryes of vessels," 
etc. ; (4) " For the tryall of small and meane causes " ; 
(6) "For the levying an assessment of eight hundred 
pounds " ; (6) " To ascertain the prices of commodityes 
of the countryes growth " ; (7) " To ascertain damages 
upon protested bills of exchanges." ^ 

The last of these statutes was passed on the 23d of 
July, 1687. There were no other enactments during 
Colleton's administration, nor was there any other legis- 
lation for three years. During this time fierce contests 
distracted the several parliaments that were held. In 
1687 a committee, consisting of the Governor, Paul Grim- 
ball and William Dunlop, deputies, Bernard Schenkingh, 
Thomas Smith, John Farr, and Joseph Blake, commoners, 
were appointed to consider whether the Fundamental Con- 
stitutions might be modified in any way to make them ac- 

1 Chalmers's PoZ. Ann., 323, 324. 
a /Statutes of So. Ca,, vol. II, 30-38. 


ceptable both to the Proprietors and to the people. " The 
work grew voluminously," it was said, and was then aban- 
doned amidst angry discussions; the people declined to 
regard any other set but that sent out with Governor Sayle 
in 1669.^ At length Colleton, on the 14th of February, 
1687-88, in some passion produced a letter from the 
Proprietors, dated March 3, 1686-87, in which they 
^^ utterly denied the Fundamental Constitutions of July, 
1669, declaring them to be but a copy of an imperfect 
original." As the Proprietors manifestly did not know 
their own minds, the delegates of the people, naturally 
impatient and indignant at this trifling with their inter- 
ests and their rights, and never having assented to any 
set as required by the charters, ^^unanimously declared 
that the government is now to be directed and managed 
wholly and solely according to the said charters,^^ They 
then went a step further and " denied that any bill must 
necessarily pass the grand council before it can be read 
in parliament." During two sessions the Governor and 
the deputies of the Proprietors insisting on proceeding 
according to the Fundamental Constitutions, and the dele- 
gates of the people refusing to do so, all legislative pro- 
ceedings were blocked; not even the militia act was 
passed which was necessary for the safety of the colony. 
The delegates proposed, for the maintenance of peace 

^ Oldmixon, who was a tutor in Benjamin Blake^s family, and had, 
therefore, excellent means of information, gives the names of the com- 
mittee as stated in the text. He states that this committee ** drew up a 
new form of government differing in many articles from the former to 
which they gave the title of standing laws; and temporary law8 . . . 
But neither Lords Proprietors nor the people of Carolina accepted of 
them/* The address to Sothell, which contains so admirable a summary 
of the history of the colony to its date, gives the account in the text, i,e, 
that the work was abandoned amidst angry discussion. Kivers has fol- 
lowed this account, and we have preferred to do so likewise. 


and justice, to assent and approve any law as required by 
the direction of the Royal charter, but the Governor and 
deputies refusing to allow any to be acted upon until first 
passed by the Grand Conncil, nothing was done. Finally, 
in December, 1689, the Proprietors instructed Colleton to 
call no more parliaments without orders from them, *' un- 
less some veiy extraordinary oceaaion should require 
it." As the acts usually ran but for twenty-three months 
only, the consequence of these instructions was that in 
1690 not one statute law was in force in the colony.' 

The issue was now faiily made between the people, on 
the one hand, contending for constitutioual government 
under the charter and the Proprietors, on the other, claim- 
ing to govern by arbitrary instructions uncontrolled even 
by the terms of the " unaltenible " Fundamental Constitu- 
tions which they had sent out with the colony under 
Sayle. In the meanwhile there was no law in the prov- 
ince, and Colleton proceeded to govern by his own will. 
He attempted vigorously to exact payment of quit-rent for 
every acre whether under cultivation or not; he forbade 
all inland trade with Indians, in his avarice, as it was 
charged, to monopolize the benefit for himself; and he 
imprisoned and fined a clergyman ^100 for preaching what 
he considered a seditious sermon.^ To enable him to main- 
tain hia authority, he requested the Proprietors to appoint 
only such deputies as he knew would suppoi-t his govern- 
ment. This led to an outbreak. Letters from England, 
containing deputations of the Proprietors obnoxious to the 
people, were seized and suppressed. The people impris- 
oned Paul Grimball, the Secretary of the province, and 
took possession of all tlie public records. The little com- 
munity was in a state of rebellion, and every man acted as he 

>in>(. fiietches of So. Ca. (Rivers), 162, 163; Appendix, 422, 423. 
* ibid., IGO. 


thought proper, without regard to legal authority and in con- 
tempt of the Governor and other officers of the Proprietors. 
In this emergency a number of the colonists were in- 
duced to sign a petition for the establishment of martial law, 
and without consulting the Commons, though his instruc- 
tions from the Proprietors provided for his summoning 
them if an extraordinary occasion should require it, 
acting only on the advice of the deputies of the Pro- 
prietors, martial law was declared by Colleton at the head 
of the militia, who, ignorant of his purpose, had assembled 
under his call made upon pretence that some danger 
threatened the country. The members of the Assembly 
thereupon met without summons, and resolved that this 
proceeding of the Governor was an encroachment upon 
their liberties and an unwarrantable exercise of power at a 
time when the colony was in no danger from a foreign 
enemy. The Governor, however, persisted and attempted 
to put his martial law into execution, but the disaf- 
fection was too great to allow him to do so. Even the 
signers of the petition deserted him and declaring that 
they had been deceived, now joined in the cry against such 
an "illegal tyrannical and oppressive way of government." 
In the face of this Colleton quailed and shrank from 
the exercise of the power he had assumed. The courts 
were allowed to sit, and he attempted to exonerate him- 
self on the ground that the delegates had refusefti to pass 
the militia act, and he feared an invasion by the Spaniards. 
The latter excuse was known to be unfounded ; and to the 
former thirteen delegates replied, under oath, that they 
had proposed to pass the act. Indeed, as the people 
themselves constituted the only military force in the 
colony, this attempt to proclaim martial law was a great 
blunder as well as a political crime.^ 

1 Hist. Sketches of So. Ca. (Rivers), 154, 166 ; Appendix, 424, 426. 


The colony was verging upon anarchy when the arrival 
of one Seth Sothell who, as a Proprietor, claimed the 
government, put a new phase upon the commotions and 
overthrew Colleton's government, setting up one in its 
atead, which, in its turn, was repudiated by the Proprietors. 

The course of events in England, in the meanwhile, had 
been rapidly tending to the great revolution of 1688, ' 
which drove James II from the throne ; and on the 1st of 
March, 1688-89, the Proprietoi-a forwarded to Carolina the 
order of council to proclaim King William and Queen 
Mary, and annexed the oath to be taken.* Nor were the 
other American colonies much freer from commotion 
than Carolina, The tyranny of Andros was producing 
throughout New England a powerful popular reaction in 
favor of their charter governments. The failure of Lord 
Baltimore's deputies to proclaim William and Mary gave 
an opportunity to the disaffected Protestants to incite a 
revolt which resulted in the overthrow of his Lordship's 
charter, and the establishment of a Royal government. 
Pennsylvania was torn by various internal disputes, 
chiefly the religious schism caused by George Keith, the 
Quaker, and Penn was also soon to be deprived of his 
governorship. Delaware, Virginia, New York, and New 
Jersey, as well as New England, were now governed under 
the King's commission. Yet the Proprietoi'S of Carolina 
contitiued an uninterrupted control over their vast prov- 
ince, because, enjoying "the hereiliUry right of com- 
plaining in person of their wrongs, they could interest a 
powerful body in their favor." ^ 

Sothell was a man of remarkable, if not of good, char- 
acter and of great ability. He had been sent in 1680 

' CoU. HUl. Soc. of So. Ca., vol. 1, 122. 

* SM. Sketchei 0/ So. Ca., HO, 160, Riveis quoting BenoU Am. Col, 


to regulate the distracted affairs in the colony at Albe- 
marle, and on his voyage out had been captured by Alge- 
rine pirates, three years thus elapsing before his arrival 
in America. He bore with him the certificate of his 
authority dated at Whitehall, September, 1681, which is 
important as declaring the views of the Proprietors to his 
right of government under the Fundamental Constitutions. 
It reads thus : — 

<* Whereas Seth Sothell hath bought the Earl of Clarendon's share 
in Carolina and is thereby become one of the true and absolute Lords 
Proprietors of the Province of Carolina and whereas by virtue of the 
Fundamental Constitutions it is provided that the eldest proprietor that 
shall be in Carolina shall be governor you are to obey him as such if 
there be no elder proprietor than himself." 

Instead of settling matters at Albemarle, his administra- 
tion there was so marked by selfishness and rapacity that 
the people rose, deposed and banished him.^ He sought 
refuge in South Carolina, and arrived here just in time 
to take part in the disturbed condition of affairs in this 
colony. His right to the government under the Constitu- 
tions, which the Proprietors were upholding, was clear by 
their terms, and for this he also held the certificate of the 
Proprietors themselves. He was received with insult by 
the Governor's party, but welcomed by the people as a 
refuge from Colleton's tyranny. Andrew Percival, who 
had been Governor of the attempted colony on the Edisto, 
Muschamp, the King's revenue officer, Berresford, who had 
been clerk of the peace, Ralph Izard, and John Harris 
with five hundred of the best people petitioned him to 
issue writs for a Parliament.^ This he did, as he had the 

1 All the wrongs and oppressions with which Hewatt charges him as 
having been committed in South Carolina, were really those for which he 
was driven out of the colony at Albemarle. Hewatt^s Hist, of So, Ca., 
vol. I. 

^ Hist, Sketches of So, Ca. (Rivers), 166. 


right to do, if the ConBtitutions were of any force ; but he 
followed this step up with another measure which was 
clearly illegal. He removed the deputies of the other 
Proprietors who were opposed to him and appointed Mus- 
champ, Berresford, and Harris in their places.' The colony 
at Albemarle had banished him. His Parliament at 
Charles Town now banished Colleton. Himself a refugee 
from Albemarle, he becomes the expeller of others from 
Charles Town. Lieutenant Colonel Bull, Major Colleton, 
and Paul Grimball were disqualified for holding any civil' 
or military office because they had acted with Colleton, 
and Thomas Smith because he had written the petition for 
the establishment of martial law. 

The adherents of Colleton did not yield without a 
struggle. They could not, as supporters of the Constitu- 
tions, deny Sothell's right to supersede Colleton, — that 
was too plain by the letter of that instrument, which the 
Proprietors had been so insistent upon enforcing, — and 
Sothell had, moreover, their own written word for his right 
to do so. But they demanded that before assuming office 
he should declare his approval of the Proprietors' instruc- 
tions as a rule of government. Placards were posted in 
public places charging him with treason and calling upon 
the people to withhold their obedience to his authority. 

The Lords Proprietors, with their usual vacillation 
and faithlessness, abandoned Colleton. Before hearing of 
Sothell's assumption of the government, they had, on 
the 6th of October, 1690, appointed Thomas Smith Gov- 
ernor. But in May they had heard that Sothell was at 
Charles Town and had taken upon himself the administra- 
tion, and they write that they are well pleased that he will 
submit to their instructions for the government. They 
hopeheis too wise a man to claim any power but by virtue of 
> Coll. mtt. Soe. 0/ So. Ca., toI. I, 127. 


them ; for^ they go on to observe, in direct contradiction to 
their own declaration held by Sothell, that no single Pro- 
prietor by virtue of his patent had any right to the gov- 
ernment or to exercise any jurisdiction unless especially 
empowered by the rest. 

Hewatt and other writers have spoken of Sothell as an 
usurper,^ but such he certainly was not under the Funda- 
mental Constitutions, which the Proprietors persisted in 
maintaining to be of force. By these it was expressly pro- 
vided that " the eldest of the Lords Proprietors who shall 
be personally in Carolina shall of course be the Palatine 
deputy," and if no Proprietor be in Carolina, nor heir 
apparent of any, then " the eldest man of the Landgraves."* 
Under this clause, as we have seen in the last chapter, the 
Proprietors, in 1684, objected to the selection by the Coun- 
cil of Colonel Quarry as Governor upon the death of Kyrle, 
because the government belonged of right to Morton as the 
eldest Landgrave in the province at the time, there being 
then no Proprietor present. So again we shall see them 
excusing themselves, in 1699, for not having obtained the 
approval of the Royal Government to Blake's appointment 
as Governor upon the ground that Blake did not exercise 
the office by virtue of appointment, but by virtue of his 
proprietoi*ship. And Sothell now held their certificate or 
warrants that he was to be recognized and obeyed, because, 
by the Fundamental Constitutions, " it is provided that 
the eldest proprietor that shall be in Carolina shall be 
governor." The colonists might have objected to this com- 
mission, as. they did not recognize the Fundamental Con- 
stitutions ; but if they waived that point and accepted hira 
under the letter or certificate which he held from their 
Lordships without regaid to the reason assigned, it cer- 
tainly did not lay with the Proprietors to object. The 

1 Hewatt's Hist.y vol. I, 103. 2 statutes of So. Ca., vol. I, 50. 


point the Proprietors made was that no Proprietor could 
act as Governor without the assent of the others, but it 
was not 80 written, and until the Constitutions were for- 
mally altered they remained the law, at least for them. The 
affair presents still another instance of the instability and 
insincerity of all parties. Here we have the Proprietors 
denying the provisions of their favorite laws, and the 
people, who had so long been resisting, now for their 
immediate purpose standing upon them, because for the 
time they served their interest. 

The Proprietors were wise enough, however, for the 
present not to make the issue, but summoned Sothell to 
return to England and answer to all the charges against 
him from both colonies. Sothell did not obey the sum- 
mons, but continued to act as Governor for eighteen months 
longer. Finally, in November, 1692, the Proprietora in 
England wrote to him that lie should cease to rule and 
commanded him to yield obedience to Colonel Philip 
Ludwell, whom they liad commissioned to succeed him. 
For reasons of his own, he having now offended the people 
who had sustained him, he yielded to the demand and left 
the colony. 

Whatever may have been Sothell'a private character,*^ 
however avaricious and disreputable, however tyrannical 
and oppressive his conduct for personal gain, yet the wis- 
dom and liberality of the laws he enacted, the legislative 
activity displayed in restoring stability to the colony, and 
his judicious conduct in promoting the just wishes of the 
people, throw a doubt, observes Rivers, as to the malignant 
chai-acter that had been ascribed to liim as a public officer. 
He it was who had the wisdom to see the usefulness and 
noble character of the French and Swiss, who were now 
coming into the province in considerable numbers and fill- 
ing up waste places in Craven County on the Cooper and 


Santee, which were soon to blossom as the rose under their 
skilful and laborious cultivation ; and the first to constitute 
them citizens as free born in the colony, and of equal 
rights with the other settlere. 

So, too, under his administration, the first act for the 
government of negro slaves was passed. This act fol- 
lowed generally the Barbadian slave code; but, in more 
than one respect, it was an improvement upon that law, 
especially in providing for the punishment of any one kill- 
ing a slave. It provided, also, for the slaves* comfort, and 
required that they should have convenient clothes.^ 

Sothell yielded to Ludwell, and returned to his estate 
in North Carolina, where he died in 1694 ; and it is said 
that much of the wealth he had accumulated there was 
recovered by those from whom he had unjustly taken it. 

^ Statutes of So. Ca,, vol. VII, 3i3. 



Colonel PHHiip Ludwell had been secretary to Sir 
William Berkeley, Governor of Virginia, and had taken 
an active part with him in the suppres^on of Bacon's 
Rebellion. He had been the hero of Bland's capture; 
and, after Sir William's death, had married Dame Frances, 
the widow of that fiery cavalier.^ In 1689 he had been 
appointed Governor of all that part of the province of 
Carolina that lies north and east of Cape Fear, to super- 
sede Sothell at Albemarle.^ Although the titles of North 
and South Carolina now began to be used in some official 
papers, there was no such division of the province at this 
time ; on the contrary, the Proprietors were now attempt- 
ing a plan of consolidating the two colonies into one gov- 
ernment for the whole province.^ On the 2d of November, 

1 Ludwell was the third husband of Dame Frances. This lady had the 
singular fortune of being the wife of three Governors in succession. Her 
first husband was Grovernor Samuel Stephens of Albemarle ; her second, 
Sir William Berkeley, Grovernor of Virginia ; her third, Colonel Philip Lud- 
well, now Governor of Carolina. Hawkes's Hist, of No. Ca., vol. II, 447. 

a Colonial Records of No. Ca., vol. I, 362. 

* Commissions of Governors of North Carolina usually ran as stated in 
the text ; those of South Carolina ran, *^of that part of the province which 
lies south and west of Cape Fear.^* So the enacting words of statutes of 
South Carolina usually were in the names of the Palatine and the rest of 
the Lords l^oprietors *^by and with the advice and consent of the rest 
of the members of the General Assembly now met at Charles Town for 
the South West part of this province.^' This was the usual form after 
1690, but sometimes the word ^* province '* only was used. 



1691, Ludwell's commission was changed from that of 
Governor of the territory to the north and east of Cape 
Fear, to that of Governor of Carolina, and he was directed 
to issue writs for the choice of twenty delegates for the 
freemen of Carolina, — five for Albemarle County, five for 
Colleton County, five for Berkelej' County, and five for 
Craven County, — to meet in such place and at such time 
as any three or more of the deputies should appoint. The 
bounds of these counties were defined as follows : * Albe- 
marle County was restricted to the small but well-settled 
district between the Roanoke River and Virginia ; Craven 
County occupied all the great extent of territory from the 
Roanoke to Sewee Bay; Berkeley, that between Sewee 
Bay and the Edisto, and Colleton County between the 
Stono and Combahee. By additional instructions, how- 
ever, Governor Ludwell was directed that if he found it 
impracticable to have the inhabitants of Albemarle send 
delegates to the General Assembly held in South Carolina, 
he was then to issue writs for seven delegates to be chosen 
for Berkeley, seven for Colleton, and six for that part of 
Craven County that lay south and west of Cape Fear; 
and he was empowered to appoint a Deputy Governor for 
North Carolina.^ With these instructions, original and 
additional, there were sent also another s6t of private 
instructions with minute directions to inquire into the 
mismanagement of former Governors and the grounds of 
popular complaint. He was to inquire into the charges 
made by Percival, Quarry, Izard, Muschamp, Harris, and 
Berresford against Governor Colleton ; to make inquiry as 
to the alleged killing of several Indians, and, if proved, 
to have the guilty persons indicted and punished ; to in- 
quire by what authority Berresford had acted as deputy, 
and whether Sothell had refused to allow deputies of the 

1 Colonial Records of No, Ga,, vol. I, 373. « Ibid. 


Proprietors to act ; by what authority Robert Quarry sat 
as judge or sheriff of Berkeley County; and to restore 
Bernard Shinkingh as chief judge of same.^ If he found 
the numbers of offenders in the late disorders to be so 
many that it might be inconvenient to punish them all, 
he was then to grant pardon to all except such as had 
been guilty of high treason and murder. He was to pro- 
ceed, however, against some few of the most notorious 
and obstinate offenders, against whom the proof of crimes 
was plainest. He was to encourage people to reside at 
Savannah town,^ or any other place among the Indians ; 
to suffer all people to trade with the Indians. He was 
to make strict inquiry if Mr. Sothell had granted any 
commission to pirates for reward or otherwise; and was 
informed that "Jonathan Emery" knew about such trans- 
actions, and had received twenty guineas for procuring a 
commission from Sothell. The Proprietors informed Lud- 
well they had given power to their trustees to sell certain 
lands to such persons as should first have paid the pur- 
chase money in pieces of eight, after the rate of five 
shillings the piece of eight, etc.^ 

But Ludwell, notwithstanding the friendship of the 
Proprietors and his desire to harmonize the distracted 
state of the colony, entered upon his administration with 
no increase of power or promises of reform. " Employ no 
Jacobite," the Proprietors wrote on the 12th of April, 1693; 
" beware of the Goose Creek men ; reconcile youi-self to 
our deputies; don't expect to carry on the government 
with all parties; convince the people that the grand 

1 To what this instruction alludes we have not been able further to 

3 Afterwards the site of Fort Moore on the Savannah, near where 
Augusta now is. Not the site of the present city of Savannah. 

» Colonial Records of No. Ca,, vol. I, 381-384. 


council has power by the constitutions to pass upon all 
bills before they can be submitted to parliament." * 


Notwithstanding the political turmoil which had con- 
tinued without cessation in the colony from its commence- 
ment, its population was steadily, if not rapidly, increas- 
ing. The Huguenot immigration in Craven County and 
other settlers in Colleton were peopling those counties to 
a considerable extent ; still Berkeley was by far the most 
thickly settled, and the inhabitants took further offence at 
this new and, as they regarded it, still more unjust dis- 
proportion of representation in the Assembly now called 
by Governor Ludwell under his instructions. 

Colleton County with its new and smaller population 
had, under Governor Morton in 1683, been given equal 
representation with Berkeley, and now Craven with 
still fewer inhabitants, and those not even Englishmen, 
was given nearly the same. This created a new ferment. 
" Shall the Frenchmen," said the English colonists, " who 
cannot speak our language make our laws ? " The flame 
of national animosity was kindled against those whom 
they had welcomed with kindness, and whom the officers 
of the Proprietoi*s had been instructed to befriend. Me- 

1 HiBt, Sketches of So, Ca. (Rivers), 160; Coll. Hist. Soc. of So, Ca.j 
vol. I, 131. 

** Goose Creek Men," a paper purporting to be an assessment of the 
Parish of St. James^ Goose Creek, for January, 1694, is given by Mrs. 
Poyas, the ** Octogenarian Lady," in the Olden Time in Carolina^ p. 36. 
This is an anachronism, inasmuch as the parish was not established until 
1704. The table of assessment, however, gives a list of the taxpayers on 
Groose Creek, i.e. the ** Goose Creek men," of whom the Proprietors were 
so afraid, from which we take the following : Thomas Smith, of Back 
River ; Edward Uyme ; Thomas Smith, son of Landgrave ; Colonel James 
Moore, Captain George Chicken, Captain Arthur Middleton, Captain Ben- 
jamin Schenckingh, Peter St. Julien, Benjamin Godin, Mr. Mazyck, Hen- 
royda Inglish, and Captain John Neve. This list, however, is certainly 
not complete, for no mention is made of several of the most conspicuous 
of the planters in that settlement, i.e. Robert Gibbes, Ralph Izard, etc. 


morials were addressed to the Governor to dissuade him 
from permitting the French to have seats in the Assemhiy. 
The severities of the alien law of England were threat- 
ened against them and their children. Their marriages 
and their property were held equally without the respect 
and protection of the laws.' Hewatt states that not a 
single representative was allowed from Craven in the 
election held imder Governor Ludwell's call,* but this is a 
mistake ; the journals show six members, all Huguenots, 
were returned and took their seats.^ y 

The Parliament thus organized, however, was not more 
snbservient to the Proprietors than the former bad been. 
As soon as the new Assembly met in September, an 
address was sent to Ludwell requesting " an act of free 
and general indemnity and oblivion, and a confirmation of 
all judicial proceedings in the late government" as essen- 
tial for the prosperity of the colony and tlie efficiency of 
any law that might be made for the good of the people. 
The necessity for some such measure had been recognized 
by the Proprietors in their instructions to the Governor; 
hut while offering a general pardon, they had excepted not 
only those guilty of high treason and murder, but had also 
directed proceedings against " some few of the most noto- 
rious and obstinate offenders " as to " whom the proof was 
plainest," which was understood really to mean that all 

' Hist. Sketches 0/ So. Ca. (Rivers), 176. 

« Hewatt, m$l. of So. Ca., vol, I, 113. 

' The memberB of the Assembly were &B follows : From Berkelty 
CovnCv : Major Beiijamtn Waring, James Moore, Esq., Ralph Izard, Esq., 
Mr. John Ladaon, Mr. John Powis, Mr. Jonathan Araory, Mr. Joseph 
Pendarria. From CoUtton County : Robert Gibbes, Esq., William Ilavia, 
Esq., Jamea Wtlliams, Esq., Mr. Daniel Courlis, Mr. James Gilbert-ton, 
Mr. Joseph EUicot, Mr. James Stanyame. From Craven County : Alex- 
ander Thette Chaataigner, Esq., John Boyd, Esq., Paul Bonnenu, Eeq., 

Mons. Rene Ravenel, Mods. Jotui Gendron, Mona. Lebas. Common* 

Journal (MSS.). 


the leaders against whom evidence could be obtained were 
to be indicted. Ludwell could not under these instruo- 
tions grant the general pardon asked for; nor does his 
reply, observes Rivers, indicate the mildness of disposition 
generally attributed to him.^ He called upon the Assem- 
bly, as the house of representatives now began to be 
called, to look to their journals and to judge what clem- 
ency could be demanded. In a rambling and incoherent 
style he thus addressed the Speaker : — 

** We are unwilling Mr. Speaker to believe that address had doe 
and mature consideration in the house, being unable to compreheDd 
those double locks and bars viz. : indemnity from and confirmation of 
all the judicial proceedings that past in the last government." 

In the same confused manner he went on to say that he 
could not imagine the meaning "of the two fortifications'' 
i.e. indemnity and confirmation — 

^^ For certainly on the part of any of the activist or cruelists persons 
in the last government, neither lock nor bar will be needful; they 
need do no more than stand in the open street with the gracious con- 
cession in their hands, which being shown, must like Medusa's head 
kill all the opponents that behold it. And how far then an act of in- 
demnity will shroud those whose proi>erest interest it will be to seek 
it by this fatal turn of the tables, or how or where they will obtain it 
we know not ; but do guess you well know (your last demand being 
granted) it must be on the part of those who were the eminentest 
sufferers in the last government to beg it to secure their all ready 
half-cut throats from the other slash ; for our part we cannot possibly 
see what can be ascribed to us (whose own throats by the way most 
be exposed among the rest) but by a mistaken act of mercy to conr 
firm, may heighten all the cruelties of the last government 1 Is this 
to be the way to establish peace and safety on either part. Mr. 
Speaker we must own we understand it not." 

The Assembly replied, explaining their address, a mii»- 
understanding of which they supposed had caused his 
Honor's "strange style." They repeated their request. 

^ffist. SkeUhes of So.Ca. (Rivers), 162. 


Ludwell, ou his part, offered an act in accordance with 
the instructions he hnd received. The Assembly would 
sccept this only with alterations, and he could not accede 
to their alterations, but proposed that they should accept 
the indemnity as from him and the deputies for what it 
was worth, and prepare on their part a representation of 
their grievances to the Proprietora. His indemnity was 
unanimously declined ; but a statement of their grievances 
was prepared by the Assembly. This paper, which was 
signed by Jonathan Amory, Speaker, presents very 
clearly the issue between the Proprietoi's and the colo- 
nists.^ (1) The first grievance stated was in regard to 
the form of conveyancing of land — all the Proprietora 
had not agreed to the same form, and the latest form, i.e. 
that by indenture instead of simple patent, was not satis- 
factory to the people. (2) The Receiver of Rents had 
not been commissioned by all of the Proprietors, so there 
was no one authorized to give a full acquittance and dis- 
charge to the purchasers and tenants. (3) That the 
offices of Sheriff and Judge of Pleas were lodged in one 
and the same person. (4) That although by the charter 
the power of erecting courts was in the Proprietors, yet 
the courts ought to be regulated by laws made by the 
assent of the people. (5) That the public officers were 
allowed to take much greater fees than were allowed by 
act of Parliament in England for the same and like 
services. (6) That the representatives or delegates of 
the people were too few in the Assembly, and that the 
people were not allowed to determine the number of their 
delegates according to the King's most gracious charter. 
(7) They objected to the two Palatine courts — one in 
England and one in Carolina. They comjjlained that one 
made void what the other enacted — thus of late several 
> flirt. SkeUha of So. €a. (Itlvera), Appendli, 4;i3^3G. 


acts of the Assembly had been repealed by the Palatine 
Court in England, which had been ratified by the Palatine 
Court in Carolina. That their Lordships' deputies in Car- 
olina should be fully empowered to give their assent to 
laws and acts by the people. (8) That the Palatine 
Court in Carolina assumed to put in force such English 
laws as they deemed adapted to the province; but the 
Assembly conceived that either such laws were valid of 
their own force, or could only be made so by an act of 
Assembly. (9) That inferior courts had taken upon 
themselves to adjudge and determine the power of Assem- 
bly or the validity of acts made by them and of matters 
and things relating to the House of Commons. This the 
Assembly conceived to be without the jurisdiction of such 
courts; and only inquirable into and determinable by the 
next succeeding General Assembly. (10) The setting up 
of martial law (except in cases of rebellion, tumult, sedition, 
or invasion) they conceived not warranted by the King's 
charter. (11) They objected to the taking of bonds or 
writings obligatory not authorized by law. (12) They 
represented the want of a competent number of commoners 
to represent them in Council. (13) They complained of 
the refusal of an act of indemnity and confirmation till 
their Lordships' pleasure should be known. (14) The 
last clause of this presentment, which was added in Sep- 
tember, 1693, complains of a grievance which was to out- 
last the Proprietary, and to continue under the Royal 
Government until that too was overthrown. This was the 
requirement that no important measure was allowed to be 
put in force until their Lordships' consent could be ob- 
tained from England, which could never be in less than a 
year, and which in fact often delayed measures for two 
years ; so that it sometimes happened that the occasion or 
reason for the enactments had passed before they were 
acted upon in England. 


This paper is a most interesting one, presenting as it 
does probably the fii*st instance of a petition, or Bill of 
Rights, drawn in America. It is the more so, too, because 
it is one based upon rights claimed under a written con- 
stitution. It is a presentation of the rights claimed by the 
people under the letter of the charter of the province. 

The objections presented by it to the form of convey- 
ances presented by the Proprietors ; to the want of proper 
authority in the Receiver of Rents ; to the improper exac- 
tion of fees by public ofiBcers ; to the requirement of bonds 
not authorized by law, — were matters which, though of no 
small importance to the people, were, nevertheless, in the 
natuie of temporary inconveniences, abuses rather of the 
law itself than of its authority. The vesting in the same 
persons of the judicial and executive functions of Judge 
and Sheriff, though doubtless most objectionable, was still 
more a matter of convenience than of constitutional right, 
the remedy for which properly lay in the sound judgment 
of the lawmaking power wherever that was reposed. 
The demand for indemnity for acts done under Sothell's 
administration, though just and reasonable, was a matter 
of personal and temporary character. But the other com- 
plaints were fundamental and involved the prerogatives of 
the Proprietors on the one hand, and of the rights and 
liberties of the people on the other. These objections 
extended not only to what the Proprietors prescribed by 
their constitutions and instructions ; but to their right to 
make any such prescription without the assent of the peo- 
ple. It was a far-reaching demand which the Assembly 
made when it claimed that though by the charter the Pro- 
prietors were authorized to erect courts, yet the jurisdic- 
tion of the courts and the laws regulating them could only 
be made with the assent of the people. The power to 
regulate and control the courts is the power to prescribe 


the law. For of what use was the provision of the charter 
insuring to the people that no laws could be made without 
their assent and approbation, if the Proprietors could with- 
out such assent set up courts to pass upon the validity of 
laws and to construe them ? So, too, they denied the right 
of the Proprietors to prescribe the number of the repre- 
sentatives of the people without consultation with them. 
They objected to the two Palatine courts, one in Eng- 
land and one in America. The charter provided for 
a government of the province in America. It did not 
provide for one in England. The Assembly well argued 
that if the laws of England were applicable to the prov- 
ince, they were so propria vigore and needed not the 
sanction of the Palatine Court ; but if they were not ap- 
plicable by their own inherent force, they could only be 
made so by the act of the Assembly. It is curious to 
observe that among the grievances of which the Assembly 
complain is that inferior courts had taken upon them- 
selves to adjudge and determine the power of the As- 
sembly, and of the validity of acts made by them. So it 
appears that at this early day the courts of Carolina were 
assuming to pass upon the constitutionality of laws. 
They were, it is true, now doing so in the interest of the 
Proprietors as against that of the people ; but whatever 
its present purpose and inspiration, it was an important 
step taken, though unconsciously, in the direction of lib- 
erty, when courts began to inquire into the authority of 
the laws themselves. Because, however its immediate pur- 
pose was to condemn the Assembly which refused to act 
with Colleton, the people at that time failed to recognize 
the advantage which would accrue to them by such a pre- 
cedent.^ The Assembly well protested against the great 

^ The questions as to the origin of the judicial power exercised by the 
courts of the United States — State and Federal — to declare void unoon- 


incoiiTenience and wrong of postponing the enactment of 
measures until leave could be obtained from England. 
We shall see the same cause operating most disastrously 
under the Royal Government, preventing the establish- 
ment of courts to meet the necessities of the increasing 

It happened that while the Assembly was engaged in 
preparing this paper in Carolina, the Proprietors were con- 
sidering the same subject in England, but with no purpose 
to gi'ant the desired relief. On the 8th of November, 1692, 
they write to Ludwell withdrawing the power they had 
the year before given him to allow such legislation as might 
be thought necessary for the better government of the 
province, to continue in force for two years with the assent 
of himself and of the deputies. They repeal and make 
void all changes in the laws relating to the courts, magis- 
trates, sheriffs, juries, or elections made under Sothell, and 
direct that all bills relating to such mattei-s and consented 
to by the Governor and deputies should be transmitted to 
them, to be considered and passed upon in England before 

atitntional acts of the legislature, and as to the first insUtaces in which 
it was eierciaed, have of late given rise to much discussion. The earliest 
Instances hitherto adduced having been one by a court in Rhode Island, 
which held the "forcing act" u lie onslilu lion al hi 1786; and one by a 
court in North Carolina, which set aside an act affecting trials by jury Id 
1787, and the famous case of Marbiiry v. Madison, Sup, Ct, U. S., in 1803. 
See " Origin and Scope of the American Doctrine of Constitutional Law," 
Professor Thayer, Harvard Late Hfvitte, October, 1803 ; " An Essay on 
Judicial Power and Unconstitutional Legislation," Brinton Coxe, Am. 
Late BeeUw, March and April, 1885; McMaster's Hist, of the People 
of tkt U. S., vol. I, 337-339 ; TOe ,Va(ion, vol. LVII, Nos. 1474, 1475, 
1477, 1484, 150e. But here we find the colonists in Soutb Carolina 
objecting to the eiercise of such a power by inferior courts under the 
Proprietary Government a hundred years before. It is to be regretted 
that we have no record of these courts, nor do we even know how they 
were constituted and who piesidcd in them. Indeed, we have no record 
that there was a professional lawyer in the colony at the time. 


published as law in Carolina.^ They, however, sent oat 
under their ^' great seal " a general pardon to the people 
of Carolina (James Moore and Robert Daniel being ex- 
cepted) for all crimes and offences ^^ committed prior to 
the publication of Ludwell's commission in hopes that in 
time to come it may beget a firm resolution to become 
strict observers of the laws." Unhappily, there was an 
unaccountable delay in announcing this pardon to the 

The issues were thus becoming more and more sharply 
defined between the Proprietors and the colonists; and 
in the struggle the colonists were steadily gaining. They 
had overthrown and banished one Governor — Colleton. 
They had compelled the Proprietors to recognize Sothell 
and to allow his administration, thus setting aside Smith, 
whom the Proprietors had nominated as Governor, awd 
had maintained Sothell until liis rapacity and oppression 
had turned them against him. They were now managing 
Ludwell, notwithstanding his instructions from their Lord- 

Though during the next thirteen years we shall find 
further attempts to impose the Fundamental Constitutions 
upon the people, the Proprietors now began to recognize 
that they could never be enforced, and this they secretly 
admitted to Ludwell. They privately wrote to him that 
as Mathews, who claimed to be empowered by the people, 
assured them that they would not own those laws, they 
had made his instructions as Governor ^'suitable to our 
charter,'^ A still greater concession was rendered neces- 
sary when LudwelFs Parliament appointed a committee 
to frame a "system of government." This, indeed, the 

* Hist. Sketches of So. Ca. (Rivers), Appendix, 435, 436. 
2 Hist. Sketches of So. Ca. (Rivera), 163; Coll. Hist. Soc, of So. Co., 
vol. I, 130. 


Proprietors appear to have accepted as a formal rejection 
of the Constitutions and wiote to Ludwell that as the 
people had rejected " the excellent system of Locke," they 
had therefore " thought it best both for them and for U8 
to govern by all the power of the charter, and will part 
with DO power till the people are disposed to be more 
orderly." This reluctance and reservation, however, were 
expressed to Ludwell alone, while publicly it was an- 
nounced, " that as tbe people have declared they would 
rather be governed by the powers granted by the charters 
without regard to the Fundamental Constitutions it will be 
for the quiet and the protection of the well disposed to 
grant their requests." ^ 

In the meanwhile the Parliament, i.e. the Governor, Coun- 
ciL) and Assembly, in October, 1692, had passed several 
important measures. Three of these related to the courts. 
One empowered magistrates, justices, and others to exe- 
cute the kabeai corpus act of Charles II; another pro- 
vided for the drawing of jurymen in all causes, civil and 
criminal ; and another for the trial of small and mean 
causes. Disregarding the provisions of the Fundamental 
Constitutions as to the qualification of voters for members 
of the Assembly, an act was passed giving the privilege of 
voting to any person otherwise qualified who was worth 
ten pounds, without reference to the time of his residence 
in the colony. 

In regard to the habeas corpus acta, the Proprietors 
assumed that all laws of England applied to the colonies, 
and held that it was not necessary, therefore, to reenact 
that famous statute in their provinces. They disallowed 
the act purporting to do so. The doctrine that the laws 
of England were not of force in the colony they declared 
erroneous. " By those gentlemen's permission that so say," 
1 Hitt. Sketches of So. Ca. (Rivers), 164. 


wrote the Proprietors, " it is expressed in our grants from 
the crown that the inhabitants of Carolina shall be of the 
King's allegiance ; which makes them subject to the laws 
of England." ^ But the subject was not disposed of so 
easily. It was one full of difficulty. The question had 
been one of gre^t doubt, and puzzled the lawyers of 

The theory of the law was that where an uninhabited 
country was discovered and planted by English subjects, 
all laws in force at home became at once applicable ; but 
in the case of an inhabited country conquered, not until 
declared so by the conqueror.^ The trouble was to deter- 
mine as to which category the English dominions in 
America belonged. Hilton, Sayle, and Sandford had, it 
is true, each sailed upon voyages of "discovery"; but the 
country had been discovered long before, and, indeed, par- 
tial attempts had been made to settle it. The Spaniards 
claimed Carolina as part of Florida, upon which they had 
an established settlement at St. Augustine. Great Britain 
could scarcely claim, therefore, by virtue of discovery. 
Could she do so as of conquest? And if so, conquest 
of whom — Spaniards or Indians? Surely not of the 
Spaniards, for peace nominally reigned at the time of the 
grant of charter by King Charles II. Could she claim 

1 Hist. Sketches (Rivers), 161. 

^ Blankard v. Galdy, Salkeld, 411; Bex v. Vaughn^ Burrows^ 8 Re- 
ports^ vol. IV, 2500. This most important and delicate question was to 
remain a subject of constant controversy, not only in the American colo- 
nies, in the Islands, and on the Continent, but in Ireland as well. It lay 
at the root of the differences between American colonies and the mother 
country in regard to the navigation laws and the stamp acts, and the 
news of the surrender of Lord Comwallis found Flood and Grattan 
engaged in the Irish Parliament in the old discussion as to the effect and 
validity of Poyning's law, which rendered Ireland amenable to English 
statutes. England in the Eighteenth Century (Lecky), vol. IV, 466-670 ; 
Leaders of Public Opinion in Ireland (Lecky), 86. 


1^6 territory as of conquest from the Indians? The Pro- 
prietors were pretending, at least, to purchase the lands 
from them. 

The question had been raised and discussed in the last 
year of the reign of Charles II, but had not been definitely 
decided.' It was, therefore, still an open one when so 
dogmatically decided by the Proprietors ; and fiom their 
position they were obliged ultimately to recede when, in 
1712, under the administration of Craven, they allowed 
and approved the act adopting the common law and such 
statutes of England as were deemed applicable to the 
condition of the province. Indeed, among othera, they 
sanctioned the adoption by the Assembly of South Caro- 
lina of the very act they now so wisely reproved the 
colonists for passing." And it was well that they did so, 
for some years after, in a case coming from Jamaica, Lord 
Mansfield held that no act of Parliament made after a 
colony is planted is construed to extend to it without 
express words showing the intention of the legislature to 
be that it should.^ The habeas corpus act of Charles II, 
Shaftesbury's greatest work, by which personal liberty has 
been more effectually guarded in England and America 
than it has ever been in any other country in the world, 
was not enacted until thirteen years after the second 
charter of Carolina. 

The act providing for the drawing of juries which the 
Proprietors disallowed is lost. It has been supposed that 
it was the origin of the admirable jury system which has 
ever since substantially prevailed in South Carolina, if not 

' Daat T. Sir Paul Pindar, Modern Heporta, vol. II, 46. 

* See post, iSa(iil*r o/ So. Ca., vol. 11, 401. 

• Bti. V. Vaaghtt, Bufroughg's Reports, vol IV, 2500 ; BlackBtone'e 
Com. (Sharsnood'B ed.), vol I, lOS, note; Jacub's Law Dictionary, 
title "Plantation." 


from this precise time, from some very near period.* The first 
extant act upon the subject is that of 1781;^ but this act 
does not purport to originate the system. It is entitled 
an act ^'^ confirming and establishing the ancient and ap- 
proved method of drawing juries by ballot.^^ The plan was 
certainly, therefore, in existence prior to 1781. It has 
been ascribed to Thomas Smith, the Landgrave.^ By this 
system jurors were not selected by the sheriff as is usu- 
ally done elsewhere, but the names of all the freemen in 
the provinqe haying been taken on small pieces of parch- 
ment of equal size, they were put into a ballot box and 
shaken so as to be thoroughly mixed ; whereupon at every 
court before it rose twenty-four names were drawn from 
the box by a boy under ten years of age ; and from these 
names, put into another box, twelve names were drawn by 
another boy under the same age. The persons whose names 
were so drawn were summoned to appear at the next term 
of the court. If any were challenged, the boy continued 
drawing until the jury was full. By this system, the pack- 
ing of juries by corrupt sheriflFs was rendered well-nigh 
impossible. The system has been modified from time to 
time as to the qualification of jurors and as to the manner 
of forming the lists ; sometimes it has been by the court, 
sometimes by the legislature, sometimes by specified 
ofiicers or jury commissioners, but in its main features 
it has been preserved until this day. 

The act of 1792, however, is not to be found, and its 
terms can only be known from the reasons assigned by the 
Proprietors for disallowing it; and from these it can 
scarcely be believed that the act disallowed contained 

^ Hist, Sketches of So. Ca. (Rivers), 101, note. Hewatt speaks of the 
system as according to an article of the Fundamental Constitutions (vol. I, 
114), but in this he is mistaken. There is no such provision in those laws. 

« Statutes of So, Ca., vol. Ill, 274. 

* Hist. Sketches of So. Ca. (Rivers), supra. 


such excellent provisions; indeed, they strongly imply 
that, on the contrary, the sheriff, under its terms, could 
name as jurors what pei*sons he chose. One of the ob- 
jections to the acts was that it required the sheriff of each 
county to divide all the persons of his county into sets of 
twelve, and to draw two papers of twelve names each for 
jurymen for the next court.^ This plan they thought un- 
reasonable and dangerous, as the sheriffs might so ^^ divide 
the twelve for each paper that there might be in every 
paper some notorious favorers of pyrates^^'' who could pre- 
vent their punishment. They disallowed the act.^ 

The Proprietors also disapproved the act regulating elec- 
tions ; not because of its violation of the Fundamental Con- 
stitutions, — those they, at least for the present, tacitly 
abandoned, — but because they alleged it was so loosely 
drawn that any one might be admitted to vote for members 
of the Assembly who was worth ten pounds, regardless of 
the length of his residence in the province ; indeed, it was 
so loose, they said, " that all the pyrateB that were in the 
ship that had been plundering the Red Sea had been 
qualified to vote for representatives in Carolina."* 

These allusions by the Proprietors to pirates have been 
made the foundation of renewed charges against the colo- 
nists of Carolina for countenancing these enemies of the 
human race, if not of actual complicity with them. Hewatt 
charges that the gentleness of the government towards 
them and the civility with which they were treated were 
evidences of the licentious spirit which prevailed in the 
province ; that, by their money and freedom of intercourse 
with the people, the pirates so ingratiated themselves into 
public favor that it was no easy matter to bring them to 
trial, and dangerous to punish them as they deserved. 

* Hist. Sketches of So. Ca. (Rivers), Appendix, 436. 
a Ibid. 8 Ibid., 437. 


The courts of law, he states, became the scene of alteroar 
tiou and confusion ; that bold and seditious speeches were 
made from the bar in contempt of the Proprietors and their 
government; that, as no pardons could be obtained, the 
habeas corpus act was passed, and that hence it hap- 
pened that several of the pirates escaped, took up their 
residence in the colony, and purchased lands; and that 
finally the Proprietors granted an act of indemnity to all 
except those who had been engaged in plundering the 
Great Mogul, most of whom found means of making their 
escape out of the country.^ Ramsay, who, as usual, follows 
Hewatt without further investigation, amplifies the charge. 
" The courts of law became," he says, " the scene of alter- 
cation and confusion. The gold and silver of pirates en- 
listed in their behalf the eloquence of the first gentlemen 
of the bar, too many of whom held that every advantage, 
though at the expense of honor, justice, public good, and 
even truth, should be taken in favor of their clients. Hence 
it happened that several of the pirates escaped, purchased 
lands, and took up their residence in the colony." * No 
foundation whatsoever can be found in the records of the 
time, further than the brief allusions which we have quoted, 
for these extraordinary charges. They are gratuitous and 
bear on their face their own refutation. It is not known 
that there was a single lawyer in the province at this time, 
and not probable that there could have been one who, 
in these stirring times in this small community, is not 
even mentioned. There were, therefore, no " first gentle- 
men of the bar " to degrade themselves as Ramsay charges. 
But the absurdity of the charge will more fully be appre- 
ciated when we remind the reader that by the law of Eng- 
land at that time, at the time when Hewatt wrote, at the 

1 Hewatt'8 Hiitt. of So. Ca., vol. I, 116-117. 
« Ramsay's Jfist. of So. Ca., vol. I, 200. 


time when Ramsay wrote, and for years after counsel were 
not allowed the accused in criminal trials. It was one of 
the anomalies of the English law against which Sir William 
Blackstone protested (1765),^ and which remained un- 
remedied until 1836.^ The charter had given the Proprie- 
tors power to make war upon "pirates and robbers" as 
public enemies ; this did not confer upon them jurisdiction 
of piracies generally. He watt, the historian, has doubtless 
confused the incidents in regard to the pardon and indem- 
nity demanded by the people growing out of Colleton and 
SothelFs administrations with those relating to the pimtes. 
The charges against the colonists of Carolina in this mat- 
ter are no more consistent than just. They are accused on 
the one hand of enacting a jury law, by the provisions of 
which pirates might escape conviction ; and on the other 
of bringing over the English habeas corpus act to rescue 
any that the juries might convict, and this because the 
Governor would not pardon except so far as authorized by 
the Proprietors.^ This accusation involves the Proprietora 
in England as much as it does the colonists in Carolina ; 
for it implies that the judges and magistrates appointed by 
the Proprietors would protect the pirates if the juries did 
not, and discharge them on habeas corpus. The truth is, 
that neither the Proprietors nor their Governor had any 
jurisdiction over piracy on the high seas, and no power to 
discharge or pardon. Piracy is an offence against the law 
of nations, and by the common law of England, when com- 
mitted by a subject, a species of treason, and until the 
Statute 28 Henry VIII was cognizable only in the Courts 
of Admiralty.* The Statute of Henry VIII had not yet 

1 Blackstone's Com., vol. IV, 355. 

* Encyclopedia Britannica, title ** Criminal Law/' Edmund Robertson. 

• Hewatt'8 Hist, of So. Ca., vol. I, 116. 
^ Blackstone's Com., vol. IV, 71. 


been made of force in the province. We shall see in a 
controversy over the succession to Governor Blake, in 1700, 
that it was maintained that the charter did not empower 
any officer of the Proprietors to try persons for acts com- 
mitted out of their dominion, and that hence a Royal com- 
mission was necessary to a judge in admiralty.^ The 
government in England had, therefore, required the pas- 
sage of acts in the colonies providing commissions in admi- 
ralty ; and his Majesty on the 22d of January, 1687, had 
issued his proclamation of pardon to all who would come 
in and accept its terms.^ It was not, therefore, the Pro- 
prietors who granted the indemnity to these people, as 
Hewatt asserts, but King James. The government in 
England had required the passage of acts providing com- 
missions in admiralty, but as yet it had appointed no Vice 
Admiral or prosecuting officer. 

Piracy, it is true, by international law is an offence 
against all nations and punishable by all ; and pirates may 
be pursued in any country where they may be found with- 
out regard to the question on whom or where the piratical 
offence has been committed.^ This we shall see to be the 
law announced by Chief Justice Trott in the famous case 
of Stede Bonnet in 1718, in a charge which is quoted by 
law writers as correctly laying down the rule.* But sup- 
posing the courts of Carolina common law and admiralty 
to have been fully organized, could this feeble colony, 
struggling yet for its own existence, have been expected 
to take upon itself the vindication of the law of nations 
because pirates of the Red Sea happened to be shipwrecked 
on the coast of the province ? The criticism of the con- 

1 See post, 

2 Public Records of So. Ca. (MSS.)- 

« Kent's Com. (12th ed.), vol. IV, 186. 

* Phillimore on International LaWy CCCLVI. 


duct of the Carolinians in this matter, it must be remem- 
bered, relates to the first thirty years of the colony ; there 
is no question of the vigor of their efforts against the 
pirates after that time. The colonists of Carolina have 
been held by historians to an accountability in the matter 
altogether unwarranted by the circumstances in which 
they stood. There is no reason to suppose that the jury 
law and habeas corpus act were at all connected with that 

As before observed, it was well known that thfe whole 
southern coast of America and the West India Islands 
were infested by pirates before any settlement was 
attempted in Carolina. The charters of the province refer 
U> pirates and Indians as the enemies in particular with 
whom the colonists would have to contend. The relation 
of the early settlera was the same to one as to the other. 
They looked with dread upon both, and no doubt met the 
one and the other alike with conciliation or resistance as 
their necessities demanded or their circumstances war- 
ranted. It was not until 1687 that the British Govern- 
ment itself made any practical effort for the suppression 
of piracy. During the period of open war between Eng- 
land and Spain letters of marque and reprisal had been 
freely issued, nor was much inquiry made to ascertain 
whether the buccaneers and privateers had taken the 
trouble to obtain the authority of such commissions. 
Charles II, upon his restoration, ordered that every encour- 
agement and protection should be given these adventurers ; 
nor did his Majesty disdain himself to become a partner in 
the buccaneering business. One of the causes of the 
difference which existed between Clarendon and Lord 
Ashley, two of the Proprietors of Carolina, arose out of 
this matter. Clarendon was opposed to the employment 
of privateers. Once they were countenanced, he said. 


they brought unavoidable scandal and a curse upon 
the justest war, ^^ A sail ! A sail ! " he declared, *^ is the 
word with them. Friend and Foe is the same. They 
possess all they can master, and run with it to any ob- 
scure place where they can sell it, and never attend the 
ceremony of an adjudication." But Ashley, on the other 
hand, having secured the appointment of Treasurer of Prize 
Money, encouraged his Majesty in their maintenance.^ 
Once the taste for such a life had been acquired and the 
profits df it experienced, it required more than a formal 
declaration of peace to dissolve these roving bands and 
put an end to their plunder. It is, indeed, related that 
King Charles himself continued to exact and receive a 
share of the booty even after he had publicly issued or- 
ders for the suppression of this species of hostility. As 
before mentioned, Henry Morgan, the most famous of 
the buccaneers, was knighted by his Majesty and made 
Deputy Governor of Jamaica, doubtless in a measure from 
the good understanding that prevailed between the King 
and himself in their copartnei-ship.^ But little attention 
was paid, therefore, to his Majesty's orders when, during 
the nominal peace between Spain and England, he found 
it to his interest to avow his purpose by putting an end to 
piracy. Upon the accession of James, however, a more 
serious effort was made to this end. In August, 1687, a 
small fleet was dispatched under Sir Robert Holmes with 
a commission " for suppressing pirates in the West Indies." * 
A copy of this commission was sent to the Proprietors, 
with instructions for their cooperation. Pirates and sea- 
rovers coming unto any of the ports of the province were 

1 Life of Clarendon, Oxford, MDCCLIX, 242. 

2 Bryan Edwards's Hist. West Indies, vol. I, 169. 

8 Chalmers's Pol. Ann. ; Carroll's Coll., vol. II, 310 ; Hist. Sketches 
of So. Ca. (Rivers), 147. 


to be seized and imprisoned, and their ships' goods and 
plunder were to be taken and kept in custody until his 
Majesty's Royal pleasure should be known. These in- 
structions the Proprietors at once forwarded to the Gov- 
ernor, and washed their hands of all further responsibility. 
Sir Robert Holmes's commission, it may be observed in pass- 
ing, granted him for three years all the goods and chattels 
taken by him from pirates or privateers,* rendering his 
service one scarcely less of plunder than that of the 
pirates themselves. Together also with the instructions 
for the suppression of piracy and copies of Sir Robert 
Holmes's commission, there was sent a notice that his 
Majesty had learned a wreck had been discovered near 
the coast of Hispaniola, from which a considerable quan- 
tity of silver and other treasures had been taken and 
carried into divers parts of his dominions in America, and 
warning the colonists not, indeed, to leave the wreck 
and its treasures to its owners, but that the King 
claimed one full moiety of all treasure and riches taken 
from the bottom of the sea as being by the ancient ordi- 
nances of admiralty due to his Majesty. Sir Robert was 
to have all the treasure he could capture from the pirate, 
and the King was to have his full share of all that could 
be found in wrecks. Under Sir Robert's commission his 
interest was certainly not to protect commerce and the 
colonies from the pirates, but rather to let the pirates get 
all the treasure they could, and then to retake the 
treasure from them and appropriate it to himself. 

Just what assistance the Carolinians gave Holmes, ob- 
serves a writer upon this subject, is not known.^ But a 
more pertinent historical inquiry, perhaps, will be : what 

1 Coll. Hist. Soc. of So. Ca., vol. I, 120. 

« S. C. Hughson, Johns Hopkins Univ. Studies, 12th Series, Y, VI, 
Vn, 26. 



assistahce did Sir Robei-t give to the Carolinians? The 
Proprietors extended to them the King's orders to seize 
all pirates who should enter their ports. But how was 
this to be done? Pirates are men of war; armed men, 
manning armed vessels. The scourge had been that, by 
means of their arms, they could descend upon and plunder 
not only merchant vessels but small peaceable communi- 
ties. Thus it was that Morgan had swept down upon and 
plundered Porto Bello and Panama, and carried off large 
treasures from them. Again we ask, were the Carolinians, 
surrounded as they were by hostile Indians, in danger of 
Spanish invasion, now also threatened by the French on 
the Mississippi, governed by a feeble board in England, 
who, while unable to afford them protection from any of 
these dangers, three thousand miles away, were harassing 
them in their government — were the Carolinians, in a state 
of civil turmoil, weakness, and danger, to incur the ani- 
mosity of new enemies and to invite the special attention 
of the pirates whom the British fleet under Holmes could 
not or would not suppress ? But suppose that in obedience 
to the instructions of the Lords Proprietors the colonists 
had valiantly determined to seize, prosecute, condemn, and 
execute all pirates who should venture upon their coast, 
where was the legal machinery provided for their doing 
so ? A commission in admiralty has been authorized by 
the act passed in Colleton's time. But as yet there was no 
Vice Admiral, no Marshal, no Clerk ; no court organized 
for the purpose. While the Lords Proprietors were amus- 
ing themselves with the making of Landgraves and Ca- 
ciques, and bestowing upon them baronies and manors, for 
the practical business of administering justice, they had no 
Attorney General to prosecute, and but one person to sit 
in condemnation as Judge, and to execute his own decree 
as Sheriff. The same person was to arrest and drag into 


his court the accused ; then to mount the bench and con- 
demn ; then to take the prisoner to his execution or to see 
at least that the stripes he had awarded were well laid on 
by some other criminal assigned by him to the task. It was 
in this condition of society that the colonists were called 
upon to enforce the laws against offences not committed 
against themselves, nor within the limits of their province. 
It was not until April 12, 1693, that the Proprietors author- 
ized the Governor to appoint some fitting person Attorney 
General for the prosecution of crimes. Nor does it appear 
that such a man was then to be found in the province. 
More than a year after, August 13, 1694, the Proprie- 
tors announced that they had appointed Ferdinando Gorges 
of the Inner Temple Attorney General of the province of 
Carolina; ^ but the honor was not sufficient to induce that 
gentleman to come out, and it was not until nearly three 
years after that Nicholas Trott, the first Attorney General 
for South Carolina, was appointed. 

Hewatt states that about the time of the passage of the 
habeas corpus act and the jury law by the Parliament of 
Carolina (1692), forty men arrived in a privateer called 
the Loyal Jamaica^ who had been engaged in a course of 
piracy, and brought into the country treasures of Spanish 
gold and silver. These men, he says, were allowed to 
enter into recognizance for their peaceable and good be- 
havior for one year with securities, till the Governor 
should hear whether the Proprietor would grant them a 
general indemnity. At another time, he goes on to say, a 
vessel was shipwrecked on the cojist, the crew of which 

openly and boldly confessed they had been on the Red Sea 
plundering the dominion of the Great Mogul.^ Hewatt 
does not give his authority for the statement in regard to 

1 Coll. Hist. Soc. of So. Ca.y vol. I, 136. 
a He watt's Hist, of So. Ca., vol. I, 116. 


the passengers of the Loyal Jamaica^ but Dalcho, in his 
Church HUtory^ gives the names of twenty-one of them, 
among which are some of the most honored names in 
South Carolina.^ Fortunately, two books of miscellaneous 
records are preserved, one in the Secretary of Staters 
office in Columbia, and the other in the Probate office in 
Charleston, which together explain the circumstances and 
refute He watt's allegation that these persons had been 
engaged in piracy. Some of them, it is true, had been 
engaged in a cruise as privateers under a commission from 
King William against the French. The story is probably 
based upon a letter of Edward Randolph, the collector of 
the King's customs in America, which we shall have oc- 
casion to quote a little later, in which the most reck- 
less charges were made &gainst the colonists, not only in 
Carolina, but in every other province in America. In 
this letter of 1696, Randolph, complaining that Governor 
Blake was a favorer of illegal trade, states that, about three 
yeai-s before, seventy pirates, having run away with a 
vessel from Jamaica, came to Charles Town, bringing with 
them a vast quantity of gold from the Red Sea. That 
they were entertained and had liberty to stay or go to any 
other place ; that the vessel was seized by the Governor 
for the Proprietors and sold.^ There is no record that the 
Loyal Jamaica was so seized. But in a fragment of the 
journal of the Grand Council found in Grant Book of 
1672-94, in the Secretary of State's office in Columbia, 
to which we have alluded, there is a list of twenty-two 
persons who were required to enter into recognizances 
upon their arrival in that vessel, doubtless under the in- 
structions which were sent out with the copy of Sir Robert 
Holmes's commission, in order that the validity of her com- 
mission might be examined. This record gives the names 

1 Ch. Hist,, 16. « Coll. Hist. Soe, of So, Ca., vol. n, 106. 



of the persons, the amounts of their recognizances, which, 
except in the case of the captain, George Reiner, one 
Joshua Wilkes, and one James Gilchrist, were merely 
nominal, and gives also their sureties. Among these per- 
sons were Thomas Pinckney, Robert Fenwick, and Daniel 
Horry. The sureties for Thomas Pinckney were Sir 
Nathaniel Johnson and Francis Noble, Gentleman ; for Rob- 
ert Fenwick, Sir Nathaniel Johnson and John Alexander ; 
for Daniel Horry, Isaac Massique (Mazyck?) and Peter 
Girard. It is probable that all but the captain, Wilkes, 
and Gilchrist were merely passengers.^ In the Miscella- 
neous record book in the Probate office in Charles Town 
there are depositions of Honory Perry, Thomas Pinckney, 

* In Grant Book^ Secretary of State's office, 1672-94, p. 78, we find this 
entry: **The under named persons arrived in this part of the Province 
the — day of April Anno Domini 1692 in the shipp called the LoyalJamaica 
commonly called the Privateer vessel 1. Each man entered into Recogni- 
zance with securities in the month of May 1692. In the sums to their 
names annexed for one year or until the government heard from England. 

John Watldns . . 
Richard Newton 
Roger Oosse . . 
Adam Richardson 
Edmund Mendllcotte 
William Ballok . 
Christopher Linkley 
Thomas Pinckney 
Capi George Reiner 
Joahoa Wilkes 
Rob«l Fenwlcke . 
Jamea Oiloluist 
Francis Blanchard 
Roger Clare . . . 
William CroBslye . 
Daniel Horry . . 
Daniel Rawlinson . 
Robert Mathews . 
WiUiam Walesley . 
Richard Abraro 
John Palmer . . 

It It 

. 0.50 James Moore Esq Cap* Edmand BiUlnger ... 25 

, 0.50 Cap* George Dearsley Edward Rawlins .... 0.26 

, 0.40 MaJ Robert Daniel Charles Burnham 0.20 

, 0.50 Robert Oibbcs Esq. William Beardesly . ^ . . 6 86 

, 80 Cap* Charles Rasden Peter Olrfard 0.40 

, 40 John Sullivan Edward Loughton 0.90 

40 Cap* Charles Basden William Smith 80 

. 0.60 S. Nathaniel Johnson Kn* Francis Noble. Gen* . 0.80 

400 • John Alexander WiUUm Smith 900 

. 100& John Alexander David Maybank 60 

. 60 8. Nathaniel Johnson John Alexander .... 80 

100 & John Alexander. Andrew Baugh 60 

. 0.40 Peter La Salle John Thomas 0.90 

. 80 Charles Barsden. Henry Hillory 0.16 

. 80 Charles Barsden Henry Hillory 0.16 

. 50 Isaac Majeique Peter Girard 0.86 

. 0.60 Nicholas Marden Francis Fidling 80 

. 0.60 Anthony Shory. Francis Fidling 80 

. 0.60 William Williams John Lovell 80 

. 0.60 William Popell Nicholas Barlysom 0.80 

. 0.40 Joseph Palmer John Gupi>ell 20 

$8000. » $2000. 


Christopher Linkley, and Edmund Medlicott, taken before 
the Council on the 29th of August, 1692, in the case of a 
vessel claimed by Jonathan Amory, which probably ex- 
plains the matter. In these depositions they state that 
they had been on a cruise against the French under a 
commission from King William and Queen Mary, and had 
captured the vessel in question and Uiken her into Jamaica, 
where she was condemned and sold as a prize. This is 
doubtless the foundation of Randolph's story of pirates 
running away with a vessel from Jamaica, and bringing 
her into Charles Town, and also of Hewatt's story of the 
forty pirates which has been seized upon and amplified 
by other writers. Perry, Pinckney, Linkley, and Medli- 
cott, all young men under twenty-five years of age, had 
been engaged in an adventure under a Royal commission, 
as privateei-s in times of open and flagrant war between 
England and Fiance. Privateers under a regular com- 
mission from William and Mary were very different from 
the piratical crew encouraged by Charles II. They were 
no more pirates than were the sailors of the allied fleet 
who about the same time burnt tlie French ships in the 
bays of Cherbourg and La Hogue. 

Poe's charming romance of the Gold Bug^ in which the 
scene of the search for Kidd's buried treasure is laid upon 
Sullivan's Island, has given currency to the idea that 
Kidd at some time visited Charles Town, and it has been 
said that a number of his crew were in Carolina.^ But 
the authority referred to does not, we think, bear out the 
suggestion. Two affidavits are found in the old book of 
miscellaneous records in Probate office, Charleston, just 
referred to, made by two mariners — one of New York — 
then in this province, to the effect that they knew one 
Samuel Bradley, who appeara to have been charged 

^ The Carolina Pirates and Colonial Commerce (Hughson), 46. 


with being one of Kidd's men. They depose that they 
had been passengers on board the ship Adventure^ Kidd, 
commander, in a voyage from Madagascar to the Island 
of St. Thomas, and had seen Bradley on the ship in a weak 
and sickly condition, taking no part with the piratical 
crew, but, on the contrary, continually protesting against 
their course ; for which he was ultimately put ashore on a 
rock on the Island of Antigua. There was probably no 
port on the coast of America — and, for that matter, in 
Europe — then, in which mariners who at some time had 
been engaged in piracies could not be found, pardoned or 
unpardoned. So, too, the place of Kidd's hidden treasure 
is variously located all along the Atlantic and Gulf coasts. 
Sothell had wisely attempted to incorporate the French 
into the political body of the colony, and to facilitate them 
in the settlement of the hitherto unoccupied lands on the 
Santee ; but Ludwell pursued a reactionary course in re- 
gard to these people. The Grand Council, on June 21, 
1692, in issuing an order for the better observance of the 
Lord's Day by prohibiting the haunting of punch houses 
during the time of divine service, further ordered " that the 
French ministers and officers of their church be advised 
that they begin their divine service at 9 o'clock in the 
morning and about 2 in the afternoon of which they are 
to take due notice and pay obedience thereunto." The 
Huguenots complained to the Proprietors of the threats 
made their estates and marriages, whereupon the Proprie- 
tors wrote to the Governor and Council on April 10, 
1693:1 — 

" I'he French have complained to us that they are threatened to 
have their estates taken from their children after their death because 
they are aliens. Now many of them have bought the land they 
enjoy of us, and if their estates are forfeited they escheat to us, and 

1 Hist. Sketches of So. Ca. (Kivers), 176 ; Appendix, 437. 


Grod forbid that we should [take] the advantage of the forfeiture, 
nor do we so intend and therefore have sent our declaration under 
our hands and seals to that purpose which we will shall be registered 
in the Secretary's and Registrar's Office, that it may remain upon 
record in Carolina, and be obliging to our heirs successors and assigns. 
They also complain that they are required to begin their Divine wor- 
shipp at the same time that the English doe, which is inconvenient to 
them in regard that severall of their congregations living out of 
Towne are forced to come and go by water, & for the convenience 
of such they begin their Divine Worshipp earlier or later as the tide 
serves, in which we would have them not molested. They Complain 
also that they are told the marriages made by their ministers are not 
lawful 1 because they are not ordained by some bishop and their chil- 
dren that are begotten are bastards. Wee have power by our patent to 
grant liberty of Conscience in Carolina. And it is granted by an act 
of Parliament here, and persons are married in the Dutch & French 
churches by ministers that were never ordained and yett we have not 
heard that the children begotten in such marriages are reputed un- 
lawful or bastards and this seems to us opposite to that liberty of 
conscience their Majesties have consented to here, and we pursuant 
to the power Granted us have Granted in Carolina. Wee desire 
these things may be remedied and that their Complaints of all kinds 
be heard with favor and that they have equal Justice with English- 
men and enjoy the same privileges ; it being for their Majesties service 
to have as many of them as we can in Carolina. Wee would have 
them receive all manner of just encouragement whatsoever," etc. 

Ludwell was no more successful in his government than 
his predecessors. In attempting to appease both the Pro- 
prietors and the colonists, he satisfied neither. The Pro- 
prietors had abandoned the Fundamental Constitutions in 
name, but by their instructions they strictly retained their 
agrarian regulations and surrendered no power claimed for 
themselves. To gratify the leaders of the people in a 
measure, however, ampler provisions were made for grant- 
ing them lands by the Governor, and the legislative privi- 
leges of the Assembly were defined and extended in cases 
in which the public peace and welfare required enactments, 
provided they did not "diminish or alter any powers granted 


to the Proprietors." It is evident that while Ludvvell had 
refused the demands of the Assembly in the matter of the 
indemnity, he had lost the confidence of the Proprietors. 
" We are glad to hear that you gain on both parties," they 
wrote, "and approve of your design to open their eyes. 
Avoid the snare Colleton fell into, who was popular at 
first; but the Goose-Creek men fearing the loss of their 
power offered him an excise for his support, and in return 
made him turn out seal deputies and disoblige others to 
please them ; yet afterward called out against his avarice 
whereby he lost the opinion of the people. We hear they 
are playing the same game with you by offering a gift of 
a thousand pounds. James Moore is at the head of this 
faction. And in return you had an act of indemnity 
which you had not the power to grant. . . . We observe 
you say the Goose-Cieek men are resolved to oppose all 
we shall offer ; therefore they ought not to be employed. 

You say Sir Nathaniel has hopes for himself, were 

the government changed to the king. This cannot be 
from William, because he quitted the Leeward Islands on 
account of refusing to take the new oaths. Watch his ac- 
tions." ^ The Governor was thus distrusted by both parties. 
Previously to Sothell's administration, the enacting clause 
of all acts had run, " by the Palatine and the rest of the 
true and absolute Lords and Proprietors of this Province by 
and with the advice of the nobility and commons in their 
Parliament assembled^ ^ In Sothell's time the word " no- 
bility " had been omitted, and Ludwell, it appeara, had 
advised the same omission. He had also assented to 
several acts which the Proprietors immediately annulled, 

* Hist. Sketches of So. Ca. (Rivers), 169. This allusion Is to Sir 
Nathaniel Johnson, subsequently Governor, who had recently come into 
the province. 

« See Statutes of So. Ca., vol. II, pp. 40-78. 


and thereupon recalled the permission they had given for 
the publication of a certain class of important laws until 
ratified by themselves in England. He had been em- 
powered to grant lands and furnished with a form of in- 
denture for that purpose. The opposition of the people 
finally induced him to propose to the Assembly another 
form of deed on terms that affected the interests of their 
Lordships. The Proprietors, dissatisfied with his conduct, 
recalled his commission.^ 

The Proprietors now went back again to the colonists 
for a Governor, and sent out a commission for Thomas 
Smith. He had, it will be remembered, been nominated 
as Governor to succeed Colleton; but had been superseded 
by Sothell. He had loyally stood by the Proprietors in 
all the controversies since his arrival in the colony, and 
had advised Colleton in proclaiming martial law against 
Berresford and the others, whom their Lordships designated 
as "the Goose-Creek men." He was himself one of the 
richest men in the colony, and had recently married the 
widow of John d'Arsens, Seigneur de Wernhaut, to whom 
the Proprietors had in 1686 granted 12,000 acres of land. 

D'Arsens appears to have died before the grant was per- 
fected, and upon Smith's marriage with D'Arsens's widow, 
he was allowed the benefit of the grant.^ He was now 
made a Landgrave, as became a Governor, with the usual 
accompanying grant of 48,000 acres more. The Proprie- 
tors might well now congratulate themselves that they had 
committed the province to the care of one who was deeply 
interested in its welfare, and cognizant of its interests. 
Much was expected of his character, experience, and in- 
timate knowledge of colonial affairs. But he lost courage 
at the popular ferment about the tenure of lands, payment 

1 Hist. Sketches of So. Ca. (Rivers), 169, 170. 

2 Coll. Hist. Soc, vol. I, 123. 


of quit-rents, the naturalization of the Huguenots, the an- 
nulment by the Proprietors of the acts of Ludwell's Parlia- 
ment relating to juries, and the election of representatives. 
He did not continue in office a year.^ He was commis- 
sioned on the 29th of November, 1693,^ as Governor of 
"Carolina," including both North and South Carolina. 
His instructions, like those of Ludwell, directed him, if 
practicable, to unite the colonies under one General As- 
sembly, to which Albemarle County should send dele- 
gates. If this was, however, impracticable, he was to ap- 
point a deputy for North Carolina.^ 

Governor Smith was enjoined to compel by law the 
collection of rents, and assume the responsibility of direct- 
ing the Receiver General. But there stood, says Rivers, 
the violent James Moore and his coadjutors, determined 
not to pay. "We part with our lands on our own terms," 
reiterated their Lordships. " And we consider your deed 
invalid," rejoined the faction of the people, "because only 
some of you have set your hands and seals thereto." A 
number of the malcontents quitted the province, and it 
was thought unless others went peace could not be re- 
stored. At length Governor Smith, despairing of allaying 
the discontents and contentions, wrote to the Proprietors 
in October, 1694, that he and others intended to abandon 
Carolina and live in some other part of America ; " that it 
was impossible to settle the country except a Proprietor 
himself was sent over with full power to heal grievances." 
Without waiting for their reply, he resigned, and Joseph 
Blake, the son of Benjamin Blake the emigrant, who had 
been made a Landgrave, was chosen by the Council to act 
in his stead until a new Governor should be commissioned.* 

1 Hist. Sketches of So. Ca. (Rivers), 171. 

2 Coll. Hist. Soc. of So. Ca., vol. I, 134. » Ibid, 

* Archdale, Carroll's Coll., 101 ; Hist, Sketches of So, Ca. (Rivers), 172. 



Great changes had in the meanwhile taken place in 
England. James II had abdicated, and William and Mary 
had been proclaimed King and Queen in February, 1689. 
Of the original Proprietors, Clarendon, Albemarle, Lord 
Berkeley, Shaftesbury, Sir George Carteret, Sir William 
Berkeley, and Sir John Colleton were all dead. Earl 
Craven alone survived. 

Clarendon had died at Rouen, in exile, on the 19th of 
December, 1674, and his share, which during his exile had 
been represented by his son. Lord Combury, had been sold 
to Seth Sothell (or Southwell) in September, 1681.^ 

Albemarle had died in retirement on the 3d of Decem- 
ber, 1669 ; his son, the second Duke, died in 1688, without 
leaving issue ; and his share had been in litigation in the 
King's Bench, Chancery, and House of Lords. It had just 
been adjudicated to be the property of the Earl of Bath, 
who was accordingly admitted as a Proprietor on the 
12th of April, 1694.2 

Lord Berkeley had failed to pay his quota towards the 
enterprise,^ and he does not seem to have been concerned 
in its affairs after Shaftesbury undertook their manage- 
ment. In 1675 he was accredited ambassador extraordi- 

1 Coll Hist. Soc. of So. Ca., vol. I, 106. 

« Public Records of So. Ca., Colonial, vol. Ill, 122 ; CoU. HiH. Soc. 
of So. Ca., vol. I, 136. 

» Coll, Hist. Soc. of So. Ca., vol. I, 100. 



nary to the Court of Versailles, and died on the 28th of 
August, 1678. His son, the second Baron of Stratton, suc- 
ceeded to his proprietorship. He died at sea the 21st of 
September, 1682.* The other Proprietors appropriated this 
share, under the forfeiture clause of their joint-stock asso- 
ciates, and conveyed it to Joseph Blake on the 11th of 
April, 1698.2 

Shaftesbury, intriguing with Monmouth and joining in 
the " No Popery Cry," had been seized and committed to 
the Tower in 1681, from which he offered, if released, to 
retire to Carolina. He was allowed to escape and reached 
Amsterdam, where he died the 21st of January, 1688. 
His share was now held by his son, the second Earl, " a 
poor creature both physically and mentally."^ It was 
represented, however, by Lord Ashley, the son of the 
latter, who afterwards became another famous Earl of 
Shaftesbury. Locke's connection with the province ceased 
with the fall of his patron. 

Sir George Carteret, who had been created a baronet, 
died on the 13th of January, 1679, and was succeeded by 
his son, Sir George, then a boy of but ten years of age. 
During his minority the share was represented by the 
Earl of Bath. This second Sir George died just about 
this time, i.e. 1695, and was succeeded by his son, who 
afterwards became the Earl of Granville.* 

Sir William Berkeley had been recalled from Virginia 
because of his severity in putting down Bacon's Rebellion, 
and, refused an audience by the King, had died, it was said, 
of a broken heart, on the 13th of July, 1677. He left no 
issue. There was great controversy over his share ; the 
litigation in regard to it was not ultimately settled in 

* Burke's Peerage. 

* Danson v. 2VoW, 3 Brown^s Pari. Cases, 452. 

' Encyclopedia BrUannica, * Burke's Peerage. 


the courts until 1729, the year of the surrender to the 

In March, 1681, the other Proprietors write to the Gov- 
ernor in Carolina that Sir William was dead, but it was 
not known to whom his share belonged.^ In May they 
write that Mr. Archdale, having purchased Lady Berke- 
ley's proprietoi'ship, had become one of the Proprietors.*- 
And yet, in 1682, they were attempting to appropriate the 
share to themselves on the ground that it had lapsed 
under the provisions of the Fundamental Constitutions, 
and were only prevented from doing so by the order of the 
King in council on the 10th of December, 1682, made upon 
the petition of Viscount Hardinge, who claimed it as Sir 
William's heir at law. The order declared that the grant 
to Sir William had been made " without being subject to 
such lapse or avoidance."^ Viscount Hardinge, however, 
gained nothing by his interference ; for, as it turned out. Sir 
William had left a will by which he devised his eighth 
part of the province to his wife Dame Frances. After his 
death she had married Colonel Philip Ludwell, as we have 
seen, and the other Lords Proprietors, failing in their 
scheme of appropriating this share, on the 11th of April, 
1684, four of them, to wit, the then Duke of Albemarle, the 
then Lord Carteret, the Earl of Craven, and Sir Peter 
Colleton, purchased it from Ludwell and his wife Dame 
Frances for £300, that is, probably, $7500. For purposes 
of their own, however, they did not take the title to them- 
selves, but the deed which they took conveyed the pro- 
prietorship to one Thomas Amy in fee. This Thomas 

1 Coll Hist. Soc. of So. Ca., vol. I, 104. 

« Ibid,, 106. 

' Colonial Records of No. Ca., vol. I, 340. Charles Berkeley, Viscount 
Fitzhardinge in Ireland and Earl of Falmouth in England, was the son 
of Charles, eldest brother of Lord John and Sir William Berkeley. The 
Genesis of the UniUd States, Alex. Brown, 827, 828. 

I '^ 


Amy was a grocer in London, probably a relation of Sir 
Peter Colleton, whose mother was a daughter of William 
Amy, Esq. Amy appears to have been an agent of the 
Proprietors in procuring people to go to the province, and 
for this purpose was industrious in meeting and treating 
them at the Carolina Coffee House in London.^ For these 
services 12,000 acres were granted him in 1694.^ Sothell 
dying in the same year without, as it was believed, heirs 
or assigns, the Proprietors made a further grant to Amy of 
the share of the Earl of Clarendon that Sothell had pur- 
chased, and also appointed him one of the Proprietors. 
They at the same time made him a Landgrave and granted 
him a barony of 48,000 acres more.^ 

Sir John Colleton was the first of the Proprietors to die. 
Upon his death, in 1666, he had been succeeded by his 
son Sir Peter, who was just now also dead, and the Colle- 
tons' share was represented by William Thornburgh, mer- 
chant. Sir Peter's executor, as guardian for his minor son, 
the second Sir John.* 

The sole survivor of the original Proprietors was the 
old Earl of Craven, who, in his eightieth year in com- 
mand of the Coldstream Guards, was ready to resist the 
foreign troops of the Prince of Orange, swearing that he 
would rather be cut in pieces than yield possession of his 
post, and only doing so at the command of James.^ The 

* Danson v. Trott^ supra, 

« Coll. Hist. Soc. of So. Ca., vol. I, 137, 141, 142. 

* Danson v. TroU^ supra; Coll. Hist, Soc. of So. Ca., vol. 1, 141, 142. 
In the case of Danson v. Trott^ it is said that Sothell was dead without 
heirs or assigns. But the fact was that he had left a will which was 
admitted to probate in North Carolina, where he died. Hawks's Hist, 
of No. Ca.^ vol. II, 491. The proprietorship does not appear, however, 
ever to have been claimed by any one under his will. 

* Public Records of So. Ca., Colonial, vol. Ill, 127. 

* Macaolay's Hist of England^ vol. IV, 42. 


stout old soldier was now in the eighty-seventh year of his 
age, but he still presided at the Board of Proprietors as 

The Proprietore, as we have seen, had in May, 1682, 
written that Mr. Archdale had purchased Lady Berke- 
ley's share, and had become a Proprietor, This purchase 
was made in the name of Thomas Archdale, a minor, and 
the interest purchased was represented by his father, John 
Archdale.^ It is impossible to reconcile the conflicting 
claims to this share. In the letter of May, 1681, the Pro- 
prietors recognize its purchase by Archdale as valid, and 
yet we find them in December, 1682, endeavoring to appro- 
priate it to themselves as lapsed, and when foiled in this, 
they purchased it themselves in 1684 from Ludwell and 
Lady Berkeley, now Ludwell's wife, and took this second 
title in the name of Thomas Amy. And what is still more 
curious, they appear to have recognized the double title 
for years ; for both Archdale and Amy sat at the Board of 
Proprietors with apparently title to no other share from 
April 11, 1684, to the assignment by them of Sothell's 
share to Amy in September 29, 1697. 

However this may be, the Proprietors, on July 29, 1682, 
that is, just after his purchase of Lady Berkeley's share, 
commissioned Archdale to receive their rents due in North 
Carolina;^ and thereupon he came out and remained in 
Albemarle apparently for some years. He was probably, 
in some degree at least, attracted to that place by his sym- 
pathy with the Quakers, he having become a member of 
the Society of Friends, " convinced and separated from his 
father's house," as he states, by the preaching of George 
Fox. That he contemplated the permanent settlement of 

1 Colonial Records of No. Ca., vol. I, 467 ; Coll. Hist. 8oc. of So. Co., 
vol. I, 204. 

a Coll Hist. Soc. of So. Ca.j vol. I, 106, 106. 


a portion of his family in North Carolina, and that one 
of his daughters did actually settle there as the wife of 
Emmanuel Low, to whom she was married in 1668, is 
proved, says Dr. Hawks, by existing records, as well as by 
the fact that some of their descendants remained there 
until recently, and perhaps are there to this day.^ Arch- 
dale was in North Carolina in an official capacity in 1683, as 
Sothell, who was then the Governor there, was instructed 
by the Proprietors to communicate with him upon the 
subject of their letter.^ 

We have seen the great rewards the Proprietors had 
heaped upon Amy for the use of his name in holding the 
share they had purchased from Lady Berkeley, and for 
the " important services rendered by him " at the Carolina 
Coffee House, but it will appear a little later that Nicholas 
Trott of London,^ who became his son-in-law, was not sat- 
isfied with the provincial title of nobility and a few acres 
of wild woods in payment of good and lawful money of 
the realm expended by Amy in " drumming " for the Pro- 
prietors, but upon the death of Amy demanded further 
compensation before the legal title held by Amy's heirs 
should be divested. This gave rise to the great suit of 
Danson against Trott, which reached, as we have said, the 
House of Lords. 

The business of the province in England was at this 
time principally conducted by Archdale, Amy, and Thorn- 
burgh in the name and over the signature of the aged Earl 
of Craven as Palatine. 

The Proprietors had originally organized themselves 
into a joint-stock company, to the capital of which each 

1 Hawks's Hist, of No, Ca,, vol. II, 378, 499. 
« Coll. Hist, Soc. of So. Ca.y vol. I, 110. 

' This Nicholas Trott of London was cousin of the famous Nicholas 
Trott, Chief Justice of South CaroUna. 



was to contribute £500, and £200 more annually. This 
capital was not, however, fully paid in; neither Lord 
Berkeley nor Sir William fulfilling their quotas. Archdale 
says, however, that about £12,000 was contributed. This 
was expended in fitting out the expedition for the settle- 
ment of the colony in 1669. No more capital appears to 
have been mised, though individual Proprietors are said 
to have laid out several thousand pounds to advance the 
colony. Upon this comparatively insignificant basis, an 
outlay of from *240,000 to *300,000 of our present money, 
the Proprietors had undertaken to establish a most ex- 
pensive and aristocratic government in the wild woods 
of Carolina, rivalling the kingdoms of Europe in the 
grandeur and number of its officers, with its three orders, 
themselves representing the King, a nobility of their own 
creation, and an assembly of the Commons. 

The extravagance of this attempt was perhaps not so 
manifestly striking, while the board — a trading corpora- 
tion though it wixs — consisted only of famous Dukes, 
Earls, Lords, and Baronets who had already been engaged 
in the making and unmaking of Kings, and the overthrow 
and establishment of governments; but exile and death 
soon changed its composition, and the incongruity of the 
whole scheme began to expose itself more fully when 
commoners, some of whom were Quakers, and others mere 
adventurers, became purchasers and assignees of shares in 
the enterprise, the value of which had fallen below the 
small sums invested ; an eighth share in the vast domain 
included in the grant, with power in the owners of turn- 
ing themselves and othei*s into a nobility, selling in the 
market at the paltry sum of £300 (from $6000 to $7500). 

The board, — the Palatine Court, as it was styled, — with 
its immense province to settle and govern, had not even 
an office or chamber for the transaction of its business, but 


met about, sometimes at Whitehall, sometimes at the Cock 
Pit, sometimes at Westminster, but usually at the private 
residence of some one of its members, as convenience sug- 
gested ; nor do they appear to have had any regular time 
for meeting, nor rules prescribing the conduct of their 
business; indeed, much of the business was transacted 
without any meeting at all, but by means of papers drawn 
by their Secretary, and carried about for the signature of 
such of the Proprietors as could be found. During the 
time that the affairs of the province were under the man- 
agement of Shaftesbury, with Locke acting as his secre- 
tary, the business was regularly and promptly attended to, 
whether the Constitutions they devised were proper or not; 
but after Shaf tesbui-y's fall it was so neglected that, as has 
already appeared, it was usually a year before the Proprie- 
tors' approval to an act could be obtained. 

The action of their Lordships then became careless and 
capricious. They had made it a part of their Constitutions 
that the eldest Proprietor or Landgrave, who should be 
personally in Carolina, should, of course, be the Palatine 
deputy, and yet they were offended when Yeamans, the 
only Landgrave in the province, assumed to act as such. 
So, too, while submitting, however reluctantly, to Sothell's 
assumption of the government, as the only Proprietor 
present, they refused to confirm his administration. West, 
their most faithful and efficient servant, was made to give 
way to Morton, because Morton had carried out a few new 
settlers. Then Morton was capriciously removed because 
they thought a stranger would be more subservient to 
their views than one who had identified himself with 
the colony ; and Kyrle, an Irishman who knew nothing of 
the people or their wants, was sent to govern them. He 
dying immediately, they not unnaturally appointed one of 
the Colletons as Governor, but the people overthrowing 


his government, they weakly allowed Sothell^s adminis- 
tration, while refusing to support it. Then they sent 
Ludwell ; but retained him only two years, when they re- 
called him, and appointed Smith, who in disgust threw up 
the office in less than a year. 

Without counting the short rule of Kyrle, and the acci- 
dental administration of Quarry, — though Quarry's admin- 
istration, short and accidental as it was, proved to be one of 
the most important, — in twenty-three years the Proprie- 
tors had had by these removals and appointments eleven 
different administrations. Smith, failing to compose the 
contentions in the province, might well appeal to the Pro- 
prietors that one of them should come out to see for him- 
self and in their interest, and to bring with him full power 
to act in the pacification of the people and the settlement 
of the affairs of the province. 

Governor Smith's appeal to the Proprietors to send out 
one of their number was received by them ; but who was 
to come ? 

On the receipt of Governor Smith's letter, a meeting 
was called for the 16th of June, 1694, at Mr. Thornburgh's 
residence on Tower Hill ; but there only came the old Earl 
of Craven, the Earl of Bath, Mr. Archdale, and Mr. Amy. 
It was resolved, therefore, to write to Lord Ashley, who 
was in the country, and pray him to arrange to attend 
upon this extraordinary occasion for the good of Carolina, 
which would require a full Assembly.^ Lord Ashley, the 
second great Earl of Shaftesbury, the third in number, then 
but twenty-four years of age, had shortly before returned 
from foreign travel, and it was hoped that he might have 
been induced to undertake the mission ; but he was just 
about to enter public life in England, his father's affairs 
there required his attention, and he did not respond to 
1 Public Becards of So. Ca.y Colonial (MSB.), vol. V, 130. 


the call upon him to go out to Carolina. He did not eveti 
attend the attempted meeting on the 23d of July. There 
were present at this meeting only the same persons, and 
they adjourned to the 28th, for which day " a court " meet- 
ing was called. But at this, court the Earl of Bath was 
not present, and the court consisted only of Earl Craven, 
Mr. John Archdale, Mr. Thomas Amy, and Mr. Thorn- 
bui^h. Of these the Earl was the only owner of the 
proprietorship which he represented. We have seen the 
dubious position of both Amy and Archdale ; and Thorn- 
burgh was present only as the guardian of the minor. Sir 
John Colleton. So far from being able to send out one 
of the Proprietors themselves, it was found possible to get 
but one of them to attend a meeting to consider the sub- 
ject, and he was an octogenarian. 

In this dilemma Archdale was willing to make another 
visit to America, and though not in his own right a Pro- 
prietor, it was agreed between Amy, Thornburgh, and 
himself, with the assent of the Earl of Craven, that he 
should come ; so the four, holding " a court," sat down and 
prepared his instructions, Archdale himself taking part 
in their preparation. They were careful to qualify and 
to explain Mr, Archdale's position by recording "that Mr. 
Archdale being in the nature of a proprietor" and that the 
present exigency of affairs in Carolina required, were the 
only inducements and reasons for his commission and in- 
structions being so much larger than those of other Gov- 
ernors formerly had heen.^ 

Archdale appears to have been a vain, amiable, quick- 
tempered man, of some cleverness for business, but without 
the political sagacity or ability of Sothell. Much has been 
said of his piety, and there is no reason to doubt ito 
earnestness, though Randolph does accuse him of dishonest 
> Public Becordt of So. Ca., Colonial, vol. ni, 134. 


practices as Governor. But whatever other principles of 
Quakerism he may have adopted, humility was not one of 
them ; and a barony of 48,000 acres, which accompanied 
the title of Landgrave, was too much to forego because of 
scruples as to worldly titles. So he accepted both, as well 
also as the title of Governor, although the latter did re- 
quire that he should be addressed as his ^^ Honor." 

Archdale was commissioned Governor both of South 
and North Carolina, on the 31st of August, 1694.^ He 
was empowered to constitute a deputy both in South and 
North Carolina while he was in the province and also 
upon his departure from Carolina to England. He was 
given power and authority, with the advice and consent of 
three of the deputies of the Proprietors, to grant and sell 
lands, reserving a rent of 12 pence for 100 acres per annum, 
and to settle the quit-rents by patents or indentures in 
such manner as he and three deputies might think fit, 
receiving such commodities as the country afforded for the 
rent at a true value. He was also authorized to escheat 
lands and afterwards to sell or let them as might be best. 
He was farther empowered, with the advice and consent 
of the Council and Geneml Assembly, to alter any former 
laws that should be thought fit to be changed, and to 
enact such others as might be reasonable for the better 
government of the province, the new laws to be as near 
as possible to the Fundamental Constitutions. Special 
directions were given in regard to the drawing of juries.^ 

It was nearly a year before Governor Archdale reached 
Carolina. He came by the way of Virginia, from which 
place, although clothed with discretionary authority, he 
wrote requesting specific power to appoint new deputies 
to the Proprietors, to abate the quit-rents in arrear, and to 

1 ColL Hist. Soc. of So. Ca., vol. I, 13S. 

2 Colonial Becords of No. Ca,, vol. I, 3S9, 890. 


sell land. His request was granted, and where he needed 
guidance he was referred to the instructions sent to Lud- 
well. He was given authority to settle all disputes con- 
cerning lands, to sell at X20 per thousand acres, the land 
near the settlements, and XIO for the same quantity in 
the interior; to take care of the Indians as he thought 
best; to build new towns; to fortify Charles Town and 
grant it a charter and permanently to settle the government 
by examining the Fundamental Constitutions, finding what 
would be acceptable to the people, and proposing a new 
set to the Proprietors for their confirmation.^ The price 
of land, it will be observed, was thus greatly reduced; 
from $1 an acre, lands near the settlement were now 
offered at from 50 cents to 40 cents an acre ; and in the 
interior at from 20 cents to 25 cents. 

Having procured these additional instructions, Governor 
Archdale, at length, on the 17th of August, 1695, entered 
upon his government at Charles Town. He spent the firet 
months endeavoring to allay " the heats " of the peo- 
ple, and selecting his Council. He brought out with 
him for this purpose blank deputations, in the use of 
which the Proprietors recommended him to observe care, 
" favor to be shown to those who have been the greatest 
benefactors to the country." ^ He prided himself no little 
upon the moderation and judgment with which he exe- 
cuted this power. " My power," he says, " was very large, 
yet did I not wholly exclude the High Church party at 
that time out of the essential part of the government, but 
mix'd two Moderate Church-men to one High Churchman 
in the council whereby the ballance of government was 
preserved peaceable and quiet in my Time, and so left and 
continued several years whilst Blake whom I left Gov- 

1 Hist. Sketches of So. Ca, (Rivers), 179, 180. 
a Ibid., 138. 


ernour lived." ^ The Council he thus appointed and 
''mixed" were Joseph Blake, whom he describes as 
''accounted in some measure a dissenter,"^ Stephen Bull, 
James Moore, Paul Grimball, Thomas Gary (his son-in- 
law), John Berresford, and William Hawett,^ All former 
judges of the courts, officers of the militia, and justices 
of the peace were continued in their respective offices.^ 
Having arranged these matters to his satisfaction, he 
summoned his first Parliament. "When I arriv'd," he 
says, " I found all matters in great confusion and every 
faction apply'd themselves to me in hopes of relief; I 
appeased them with kind and gentle words and so soon as 
possible caird an assembly." Upon opening the Assembly, 
he addressed them as " Friends and Representatives of the 
People," and spoke to them of the occasion of his coming, 
told them that upon the application for some Proprietor 
to come over, Lord Ashley had been nominated, but his 
affairs not permitting his Lordship's coming, he had been 
induced to do so. That he was endued with a considerable 
power and trust, and he hoped faithfully and impartially 
to answer their expectations. "And I believe I may 
appeal to your Serious Rational Observations whether I 
have not already so allay'd your Heats as that the disgust- 
ing Titles thereof are so much withered away, and I hope 
this Meeting with you will wholly extinguish them so that 
a solid Settlement of this hopeful Colony will ensue," etc. 
Now that the Assemby had heard the Proprietors' inten- 
tions in sending him hither, he advised them to proceed 
soberly and mildly. 

» Archdale's Description of Carolina (1708); Carroll's Coll, vol. II, 
112, 113. 

« Ibid. 

» Hewatt's Hist, of So. Ca,, vol. I, 130 ; Coll, Hist, Soc. of So, Ca,, 
vol. I, 142. 

« Hewatt, vol. I, 130. 


The Assembly replied, thanking Almighty God for his 
Honor's safe arrival, and returned him most sincere and 
hearty thanks for the progress he had already made since 
his arrival towards the settlement of the place; for his 
candid expressions and the good favor and great kindness 
shown to the people, and assured him of their hearty 
endeavor to the attaining of such a settlement as would 
redound to the honor of the Lords Proprietors and the 
happiness of the people. 

" But Courteous Reader," says Archdale, " after this fair 
Blossomin Season to produce Peace and Tranquility to 
the Country some endeavored to sow Seed of Contention 
thereby to nip the same; insomuch that they sat six 
Weeks under Civil Broils and Heats; but at length re- 
collecting their Minds into a cooler Frame of Spirit my 
Patience was a great means to overcome them so that in 
the conclusion all Mattel's ended amicably." ^ 

These remarks, says Rivers, are applicable to both his 
parliaments, but Archdale did not expend much of his 
patience upon the first, which was dissolved on the 29th 
of November, after a session of a few weeks. Upon open- 
ing this Parliament he told the Assembly that the Proprie- 
tors required the jury act to be changed, so that the names 
of the jurymen should each be on a single piece of parch- 
ment and not by twelves. He next informed them that 
the price of selling land was reduced to only half the 
former price, and bade them remember the Proprietors had 
borne the expense " of several thousand pounds " out of 
their own pockets in settling the province. As he had 
spoken to them of his " many dangers and hardships " by 
land and by water, incurred only for their benefit, the 
Assembly immediately gave him the opportunity he seemed 
to desire to benefit them, and earnestly solicited him to 

1 Archdale*8 Description, Carroll's Coll., vol. II, 101-103. 


remit the arreara of rent, which were now a grievous 
burden upon all the people. To their surprise he refused 
to do so except on hard conditions.^ This at once led to 
a rupture with the Assembly, which was dissolved. Imme- 
diately upon its dissolution, however, Jonathan Amory, the 
Speaker, presented a petition in behalf of himself and the 
people at large, praying the summoning of another, to con- 
sist of thirty representatives. Archdale agreed to this and 
on the 30th of November, the day after he had dissolved 
the Assembly, issued a proclamation for the freemen of the 
colony to meet on the 19th of December, at Charles Town, 
" then and there by a majority of their voices to agree to 
and ascertain the number of their representatives for this 
part of the Province, to consult and advise with us about 
making such laws as shall be necessary for the safety and 
defence of this Province." He professed to do this in com- 
pliance with the request of the "modest and reasonable 
membera of the Commons and other well meaning inhabi- 
tants," and not at all to please " the obstinate majority " 
who had just defeated his designs for the peace of the 

Of the thirty representatives on which the people de- 
cided, the twenty for both Berkeley and Craven were 
elected at Charles Town, and the ten for Colleton at Captain 
Bristow's plantation in that county. There were no 
Huguenots among the representatives who assembled in 
the Parliament January, 1696. A petition was again made 
for an abatement of the debts due to the Proprietors. 
Archdale and his Council proposed to remit all aiTears 
to Michaelmas, 1695, provided the remaining debts were 
secured, the town fortified by means of taxes and measures 
taken for the ready payment of quit-rents for the future. 

1 Hist. Sketches (Rivers), 180. 

2 Hist. Sketches of So. Ca. (Rivers), 181; Appendix, 439. 


The Assembly first demanded an accurate statement of 
accounts between the people and Proprietors. Whilst the 
Governor thus bargained when he ought generously to 
have given, he requested on his part a clause to be inserted 
in the militia act in behalf of " tender conscience," which 
was unanimously refused.^ 

At length " business proceeded," it was said, " more in 
the spirit of compromise," and some important measures 
were passed. The first was an act to determine the price 
of land, the form of conveyances and the manner of re- 
covery of rents for land, and the prices of the several com- 
modities in "which the same might be paid."^ By this 
act simpler forms of conveyancing were prescribed, and 
payment of the purchase money or rent reserved might be 
made in current money of the province, or in indigo, cotton, 
silk, rice, beef, or pork (in barrels or half -barrels), or in 
English peas. Six appraisers were to be appointed, three 
of whom were to be nominated by the Governor and 
Council and the other three by the Commons, to fix and 
determine the value at which these commodities should be 
received in payment. Lands rented were to be held at a 
penny an acre, or the value thereof in the above commodi- 
ties. In case of non-payment of the quit-rents the Receiver 
of the Lords Proprietors might distrain, and bring an ac- 
tion in court for recovery. Land should not revert to the 
Proprietoi-s unless payments were delayed for seven years. 
All former grants or purchases from authorized agents, 
notwithstanding any legal defects in the conveyances, were 
confirmed to their possessors. 

To encourage the peopling of the colony, grants were to 
be given without delay. New settlers were exempt from 
rent for five years. To all who wished to purchase, the 

^ Hist. Sketches (Rivers), 182, citing Journals. 
2 Statutes of So. Ca., vol. II, 06. 


price of land was reduced as allowed to X20 per 1000 acres, 
with a rent of 12 pence per 100 acres, and not forfeitable 
till non-payment for twenty-one years. 

Several acts relating to the domestic affairs of the 
colony were passed. The settlements so far were princi- 
pally upon the rivers and bays with which the low country 
of Carolina is everywhere intei'sected, and transportation 
was almost entirely by water ; boats and canoes were not 
only, therefore, peculiarly valuable as the means of trans- 
portation, but were also peculiarly liable to theft : an act 
was passed on the subject, providing specially for the 
punishment for the stealing or letting loose of any boat 
or canoe. By this law a white freeman or servant was 
to be punished by a fine, whilst the Indian for the same 
offence was included with the slave and was to receive 
thirty-nine lashes, and for a second offence was to have his 
ears cut off.^ 

A curious act was one providing " for the destroying of 
unmarked cattle." A considerable business of the colony 
at this time was in the rearing of " black cattle." Cattle 
turned loose in the rich swamps, while deteriorating in size, 
multiplied in great numbers. These were watched and 
marked by their owners, and when fit for market were 
butchered and salted and shipped to Barbadoes and other 
West India islands. This act recited that a great number 
of trees had been blown down by the violence of a late 
hurricane, which made the woods difiicult to be traversed, 
whereby many persons had been prevented from bringing 
their cattle to their pens and marking them as they were 
accustomed, and that, in consequence, many evil-minded 
persons had taken upon them to kill and destroy great 
numbers of them. The act provided for a system of 
licensing persons to kill unmarked cattle, and punishing 

^ Statutes, vol. II, 106. 



any one for so doing without a certificate from a Justice 
of the Peace.^ 

Archdale prided himself greatly upon his management of 
Indian affaira and upon the humanity with which he treated 
them ; and his administration has been commended particu- 
larly on this account.^ And yet we have just seen the Indian 
punished by whipping and mutilation for stealing boats, 
for which the white man was only fined, and shall further 
see among the enactments of this mild administmtion in 
regard to these poor people one requiring "every Indian 
bowman capable of killing deere," before the 25th of 
November in every year, to bring to such person as the 
Governor should appoint to receive the same " one woolfes 
skinn one tigers skinn or one beare skinn, or two catt 
skinns," and if any one did not do so, the Cacique or Chief 
of his nation was required to bring him to Charles Town 
before the 25th of December, there to be severely whipped 
on his bare back in the sight of the inhabitants of the 
said town, which whipping, the act says, should be in the 
place of that skin which the Indian ought to have given 
to the receiver.^ In one respect, however, Archdale 
moderated the restriction against the Indians. Sothell 
had forbidden, under severe penalties, firearms and rum 
to be given them. Archdale allowed them a pound of 
powder and thirty bullets for each destructive beast they 
killed beyond the yearly tax. 

During Smith's short administration, an act had been 
passed in 1693 regulating public houses ; but the act has 
been lost and there is no copy of it. So Archdale has the 
honor of the first act of which we have a record regulating 
the sale of liquor in Carolina. The act prohibits the sale, 

^ Statutes, vol. II, 106. 

8 Hewatt's Hist, of So. Ca,, vol. I, 132. 

« StatuUs, vol. II, 108. 



except by license from the Governor, of any beer, cider, 
wine, brandy, i-um, punch, or any strong drink whatsoever, 
under the quantity of one gallon at one draught; and 
puts in force all the laws of England, both statute and 
common, concerning the abuses and disorders of taverns.^ 

A beneficent measure of Archdale's administration was 
the inauguration of provision for the poor. Commissioners 
were appointed to i-eceive contributions and gifts of charity, 
and, though to a very small extent, to draw from the public 
treasury for the support of the indigent.^ 

Archdale showed more humanity in settling disputes 
between the Indians, and in his conduct to those at a dis- 
tance, than in the laws he provided for governing those 
who were near. He released from captivity four Indians 
and sent them back to their tribe near St. Augustine with 
a friendly letter to the Spanish Governor, who was induced 
thereby to act kindly in return to some Englishmen ship- 
wrecked on the Florida coast. In another instance his 
taking under his protection a party of Indians at war with 
others was rewarded by the saving of a party of fifty-two 
New Englanders who had been cast away at Cape Fear, 
for whom Archdale sent a vessel and brought them safely 
to Charles Town.^ These were the founders of Wappetaw 
Congregationalist Church, in what was afterwards Christ 
Church parish, and whom we shall find in a few years resist- 
ing the landing of the French at Sewee.* 

Archdale, yielding to the opinions of the people, left the 
Indian trade and the condition of the Huguenots as he 
found them, but advised, with regard to the latter, the 
plan which was afterwards adopted. He seemed afraid 

1 Statutes, vol. II, 113. 

^Ibid., 116. 

•Archdale, Carroirs Coll., vol. II, 108, 109. 

* Ibid., 106, note ; Howe's Hist. Presb. Ch., 119. 


lest he should do too much^ and leaving many things 
undone which required attention, he hastened from the 
colony, appointing, under the power of his commission, his 
friend, Joseph Blake, Deputy Governor.^ 

Upon Archdale's departure, the Commons were pro- 
fuse in their acknowledgments of their appreciation of 
his services. Through Jonathan Amory, their Speaker, 
they made an " humble address and recognition of thanks" 
to the Lords Proprietors for their gracious condescension 
in sending him out with such large and ample powers, for 
the remission of some arrears of rents, and for the undeni- 
able manifestation of their Honor's parental care ; and to 
Archdale himself for the prudent, industrious, and inde- 
fatigable care and management of the powers inti-usted 
to him. The acts of grace he had so reasonably conde- 
scended to grant had removed all doubts, jealousies, and 
discouragements of the people, and had laid a most sure 
foundation on which might be erected a most glorious 
superstructure,^ etc. These were but empty words. The 
radical diflferences between the Proprietoi-s and the colo- 
nists were not removed and were soon to break out afresh. 
Archdale, however, having arranged matters to his own 
satisfaction, received the address with great complacency, 
and promised to present it to the Proprietors on his arrival 
in England.^ 

^ Hist. Sketches of So. Ca. (Rivers), 186. 
2 Archdale, Carroll's Coll., vol. II, 104. 
« Hewatt, vol. I, 137. 



Joseph Blake, whom Archdale under his power ap- 
pointed Deputy Governor upon his departure, was the son 
of Benjamin Blake, the immigrant who had come out with 
Axtell and Morton. He had been a Deputy, one of those 
whom Sothell had removed, and whose return to office the 
Proprietors had required; and as Deputy he had beeu 
chosen by the Council as Governor, when Smith gave up 
the office in disgust. He had already, therefore, had a 
short administration, and was now about to enter upon 
the longest term of any but Governor West's, whose ad- 
ministration, indeed, his very much resembled in its quiet, 
peaceful, and useful conduct of affairs. On the 26th of 
April, 1697, the Proprietors made him a Landgrave and 
expressed their satisfaction at his appointment by Mr. 
Archdale,^ — an appointment, however, which, as we shall 
see, they afterwards found it convenient to disown. 

The most important act of his administration was the 
naturalization and enfi*anchisement of the Huguenots. 
The antipathies of the English colonists to the French 
emigrants — because of their nationality refugees from 
their country though they were — had at first been very 
great; but these now began to abate. From the quiet 
and inoffensive behavior of the Huguenots, their industry 
and success in the settlement of a part of the province 

1 Coll. Hist. Soc, of So. Ca., vol. I, 141. 



which had hitherto been avoided by the English, more 
kindly feeling began to be entertained in regard to them. 
Though the Treaty of Ryswick had not yet been actually 
made, the opposition of France to the recognition of 
William was gradually subsiding, and the war between 
England and France was nearing an end. This, no doubt, 
in a great measure tended to soften the sentiment of 
hostility to the French in Carolina. At this favorable 
juncture, by the advice of the Governor and other friends, 
the Huguenots petitioned the General Assembly to be 
incorporated with the freemen of the colony, and to be 
allowed the same privileges and liberties with those born 
of English parents. The Assembly listened to the appeal, 
and adopted " an act for the making aliens free of this part 
of the province and granting liberty of conscience to all 
protestants^ The preamble to this act recited that perse- 
cution for religion had forced some aliens, and trade and 
the fertility of the province had encouraged others, to resort 
to the colony, who had given good testimony of their duty 
and loyalty to his Majesty and the Crown of England, of 
their fidelity to the Lords Proprietoi-s, of their good affec- 
tions to the inhabitants, and by their industry, diligence, 
and trade had very much enriched and advanced the set- 
tlement; and the act provided that all alien inhabitants 
of the province should be entitled to enjoy the same privi- 
leges as those born of English parents, and to hold lands 
and claim the same as heirs or by their own purchase, 
upon the condition that such persons should within three 
months petition the Governor and Lords Proprietors for 
the benefit of its provisions, and should also make oath of 
allegiance to his Majesty King William. The act names 
and enfranchises those who had joined in the petition to 
the Assembly. It went on also further to provide that 
as "several" of the present inhabitants had transported 


themselves into the province in hopes of enjoying tlie 
liberty of their conscience according to their own persua- 
sion under the Royal charter of King Charles the Second, 
of blessed memory, all Christians who were then in the 
province, or might thereafter come (Papists only excepted), 
should enjoy the full, free, and undisturbed liberty of their 
consciences, and exercise their worship according to the 
professed rules of their religion without let or hindrance.^ 

Blake had thus easily induced the Assembly to do, of 
their own accord, this justice to the Huguenots which 
Sothell had endeavored to force upon them by his author- 
ity, and Archdale had not ventured to ask. He had 
secured them equal rights and representation with Eng- 

Governor Archdale had not availed himself, to any 
great extent, of the powers in his commission to alter 
existing laws. Upon his return to England, the Proprie- 
tors themselves, however, took up the subject. In the 
meanwhile, the old Earl of Craven, the third Palatine, had 
died April 9, 1697; and John Granville, Earl of Bath, 
who had just established hia title to the original share of 
the Duke of Albemarle, being the eldest of the Lords 
Proprietora, succeeded him as fourth Palatine. The pro- 
prietorship of Earl Craven had descended to his son 
William, Lord Craven.^ The Proprietors had, on the 22d 
of August, made Thomas Amy a Landgrave;^ but they 
wished now to transfer the share which he held in trust, 
i.e. that purchased from Lady Berkeley, to some person 
likely to strengthen their interest at court, yet not 
to lose so valuable a person, they transferred to Amy 

* Statutes of So. Ca., vol. II, 131. 

2 Coll Hist. Soc. of So. Ca., vol. I, 141 ; Collins's Peerage, vol. VU, 

8 Coll Hist. Soc. of So. Ca.y vol. I, 141, 142. 


the proprietorship of Seth Sothell, which they had ap- 
propriated,^ and, for the present, transferred the trust in 
the Berkeley share to Mr. Thornburgh, who now repre- 
sented at the board not only the Colleton share, but this 
as well.^ The imbecile Earl of Shaftesbury was represented 
by his son Anthony, Lord Ashley ; and the minor Lord 
Carteret by the Earl of Bath. The board was thus re- 
duced to six members : the Earl of Bath, Lord Craven, Lord 
Ashley, and Messrs. Thornburgh, Amy, and Archdale. 
Thus constituted, it made another effort to impose the 
Fundamental Constitutions, but in a revised form. With 
the aid of Major Daniel and Captain Bellinger, who were 
in England,^ the articles were reduced to forty-one by the 
omission of those relating to manoi*s and leet-men, the cum- 
brous system of courts and their dignitaries, etc. The 
new Constitutions made no alterations in matters of re- 
ligion, still provided for the creation of Landgraves and 
Caciques to form the Upper House of Parliament, limiting 
them, however, to half the number of the Commons, made 
the Governor and Council the Palatine Court, and con- 
tinued to proclaim that property was the foundation of 
" all power and dominion in Carolina." These Constitu- 
tions were signed April 11, 1698, by Bath, Palatine, Ashley, 
Craven, Thornburgh, and Amy. 

The nobility which, under the Royal charter, the Pro- 
prietors were empowered to institute, as we have before 
pointed out, was intended to be a provincial nobility. The 
authority given tlie Proprietors to confer marks of favor 
and titles of honor was explicitly limited to such of the 
inhabitants of the province as should merit such rewards.* 

1 Coll. Hist. Soc. of So. Ca.y vol. I, 143. 

2 Danson v. Trott^ supra. 

» Coll. Hist. Soc. of So. Ca,, vol. I, 146. 
* Ante^ p. 61. 


But regardless alike of the purpose and limitation of their 
authority, the Proprietors had, up to this time, conferred 
the title of Landgrave upon no inhabitant of the province 
except as an appendage or qualification to that of Gov- 
ernor, in the cases of West, Smith, and Blake. The eleven 
Landgraves had been appointed while they were in Eng- 
land or Barbadoes, from favor or for services rendered in 
those places, such as Locke's for drawing the Constitutions, 
as Axtell's and Morton's in inducing immigration, and as 
Amy's at the Carolina CoflFee House. To propitiate the 
opposition to the Constitutions in Carolina, the Proprie- 
tors fell upon the plan of putting these titles of nobility 
within the reach of the colonists by purchase. They sent 
out the new Constitutions by Major Robert Daniel, the 
same Robert Daniel they had excluded from the general 
pardon because of his connection with the revolt against 
Colleton in 1692, and with them they sent also patents for 
six Landgraves and eight Caciques, to be sold to such per- 
sons of worth as Landgrave Morton and he should deem 
worthy. They were to receive from each Landgrave 
£100 (equal to, probably, $<2000), and from each 
Cacique £50 ($1000).i Captain Edmund Bellinger 
purchased a patent for Landgrave in England, for 
which he was to pay XlOO in Carolina, and one John 
Bayly purchased another, for which he was to pay XlOO in 
Ireland.2 Robert Daniel was made a Landgrave without 
purchase. As a still more substantial favor, the Proprietors 
made over to Governor Joseph Blake the proprietorship 
of Lord Berkeley's which they had appropriated. The 
grant bears date the same day as the Revised Constitu- 

1 Coll Hist. Soc. of So. Ca., vol. I, 156. 

2/6id., 147. 

* Danson v. Trott, supra. 


The Assembly in Carolina were, however, not so easily 
to be cajoled. After several weeks had passed, the As- 
sembly requested the Governor and Council to inform 
them if they had power to alter and amend the proposed 
form of government, and were told they had not. They 
then appointed a committee, consisting of Captain Job 
Howes, Ralph Izard, and Dr. Charles Burnham, to look 
into the matter. The committee reported, denying legisla- 
tive power to Landgraves and Caciques as an order; 
recommending that baronies be reduced to a smaller ex- 
tent of land ; demanding that, throughout the colony, 
lands should be secured to the people at the present rate of 
rent and purchase, and that no freeholder of a certain 
quantity of land should be liable to arrest in civil cases. 
These demands the Proprietors refused, and the Constitu- 
tions were again laid aside.^ 

Edward Randolph, the Collector of the King's customs 
in America, had been complaining of the neglect and vio- 
lation of the navigation acts and of the favor shown 
pirates not only in Carolina, but in all the colonies, 
had been urging the King to suppress all the Proprietary 
governments, and had suggested a scheme for consolidat- 
ing all the English provinces. South Carolina and the 
Bahama Islands he recommended should be put under his 
Majesty's immediate authority ; that North Carolina should 
be annexed to Virginia ; the three lower counties of Dela- 
ware to be annexed to Maryland ; the province of West 
Jersey to Pennsylvania ; East Jersey to New York ; and 
Rhode Island to Massachusetts.^ This grand scheme for the 
reduction and consolidation of the colonies did not suc- 
ceed ; but his agitation of the subject caused the passage 
of an act of Parliament, in 1695, for preventing frauds and 

1 Hist. Sketches of So. Ca. (Rivers), 187. 

2 Colonial Becords of No. Ca.y vol. I, 141. 


regulating abuses in the plantation trade. This act, 
which was a reenactment of the navigation laws in more 
stringent form, required the Proprietors of all the Pro- 
prietary governments to submit to the King, for his 
Majesty's approval, the appointments of Governors they 
proposed to make, and the Governors when so appointed 
were required to take oaths to observe the acts in regard 
to the plantation trade ; and all officers appointed by the 
Governor to perform duties under these acts were re- 
quired to give security to the commissioners of customs in 

Randolph saw, even at this early day, that resistance to 
the navigation laws would end in independence, and be- 
lieved that even then that was its purpose. He thought 
the government in America too loose, and desired to have 
their bonds to that at home drawn in and strengthened. 
He advised that fit persons should be appointecl Governors 
of Carolina and Pennsylvania, to prevent the illegal trade 
carried on by Scotchmen and others in vessels belonging 
to New England and Pennsylvania ; and that a Court of 
Admiralty with a Judge, a Register, a Marshal, and an 
Attorney General should be appointed in each colony to 
enforce the act of Parliament just passed to prevent fmuds 
in the plantations.^ The Lords of Trade approved his 
suggestion as to the establishment of Courts of Admiralty, 
and directed him to nominate fit pei^sons for these offices.^ 
He recommended the appointment of one person as Attor- 
ney General for the colonies of Virginia, Maryland, Penn- 
sylvania, North Carolina, and West Jersey; of another, 
for Massachusetts, Rhode Island, and New Hampshire ; and 
of another, for New York, East Jersey, and Connecticut. 
He made no recommendation for South Carolina.* 

1 Statutes of the Bealm, vol. VII, 103. « Ibid., 462, 463. 

2 Colonial Becords of No. Ca., vol. I, 461. * Ibid., 463, 464. 


He again addressed the commissioners on the 10 th of 
November, 1696 : ^ — 

" The chief end of granting these vast tracts of land (now called 
proprieties) to noblemen and others," he wrote^ **was doubtless to 
encourage the 6rst undertakers to plant & improve them for the 
benefitt of the Crowne, & to be always subject & depending on 
England & conformable to the Laws thereof. Great numbers of 
people are now seated in some of these proprieties but have been long 
endeavoring to break loose & set up for themselves having no sort 
of regard to the Acts of Trade, and discountenancing appeals from 
their Courts to his Majesty in Councill. The persons appointed by the 
Proprietors to be their Governors are generally men of very indiffer- 
ent qualifications for parts & Estates. Their maintenance is incon- 
siderable which renders their Government precarious also," etc. 

But it was not only in regard to the cftptoms that Ran- 
dolph complained. He was most sweeping and reckless 
in his charges against the colonies for harboring pirates. 
The Bahama Islands, of which Nicholas Trott was then 
Governor, had been and were, he said, a common retreat 
for pirates and illegal traders. Charles Town in Carolina, 
of which Mr. John Archdale, a Quaker, was Governor, as 
one of the Lords Proprietors during his son's minority,^ 
was free for trade to all places. He wrote : — 

" They trade to Carasaw,' from whence the Manufacture of Holland 
is brought to Charles Towne and carryed by New England men and 
other illegal traders to Pennsylvania Boston etc : and returns are 
made for them in Plantation Commodities which are carryed from 
Carolina to Carasaw and thence to Holland ; about 3 years ago 
70 pirates having run away with a vessel from Jamaica came to 
Charles Towne bringing with them a vast quantity of Gold from the 
Red Sea, they were entertained and had liberty to stay or goe to 
any other place. The vessell was seized by the Governor for the 

1 Colonial Berords of No. Ca., vol. I, 466. 

2 It will be recollected Archdale had taken the title to Sir William 
Berkeley's share, which he had purchased from Lady Berkeley in his 
son's name. 

• Cura^oa ? 


Proprietors as a Wreck & sold, they have no regard to the Acts 
of Trade. The present Governor (Archdale) is a favourer of the 
illegal trade/' etc. 

The inlets of Carituck and Roanoke, he charged, were 
the resorts of pirates and runaway servants from Virginia. 
The Governor of Pennsylvania entertained pirates from the 
Red and South seas. Providence, Rhode Island, was a 
free port to illegal traders and pirates from all places, etc. 

The Commissioners of Trade called on the Proprietors 
of the various colonies to answer these charges, and the 
Proprietors of Carolina, Pennsylvania, the Jerseys, and 
Connecticut did so. Protesting their loyalty, but resting 
their rights under their grants, they claimed that their 
charter implied the grant of the Admii-al's jurisdiction and 
power of erecting Courts of Admiralty and constituting 
judges and officers for them. The reason they had not 
hitherto erected such courts was that under the acts of 
Parliament violations of the navigation acts were cogniza- 
ble in the common-law courts, and the establishment of 
Courts of Admiralty would have occasioned salaries and 
other great and expensive charges. They apprehended 
that there was no necessity for such courts, unless for the 
condemnation of prizes, few or none of which had been 
brought into the provinces. They were, nevertheless, 
ready and willing, they said, to erect such courts if re- 

The Board of Trade, however, insisted upon his Majesty's 
right to his own Courts of Admii*alty, notwithstiinding the 
charters ; whereupon the Proprietors wisely gave up their 
claim of right and prayed that the Governors of the several 
provinces might have commissions to be Vice Admirals with 
the same powers as the Governors of the provinces under 
Royal authority .2 But this his Majesty was not willing to 

> Colonial Records of No. Ca.y vol. I, 471. « Ibid., 473. 


allow. The Board of Tmde preferred to look after the 
enforcement of the navigation acts themselves, and to ap- 
point their own Courts of Admiralty. In the persons to 
constitute the court, however, the preferences of the Pro- 
prietors were evidently consulted. Sir Charles Hedges, 
Judge of the High Court of Admiralty, on the 29th of 
April, 1697-98, appointed as admiralty officers for South 
Carolina Joseph Morton, late Governor, Judge ; Thomas 
Cary, Archdale's son-in-law. Register; Jonathan Amory, 
Speaker of the Commons, Advocate, and R. Pollinger 

\ Marshal.^ 

>\ Another turn was taken against the Proprietary govern- 
ments. The act of 1695 had required that his Majesty's 
approval should be obtained for the appointment of their 
Governors, but now it was further required that the Gov- 
ernor of any Proprietary province should give bond in a 
penalty of not less than X2000 nor more than X5000 
(i,e. from $40,000 to $100,000), according to the tmde of 
the province, for the faithful execution of the navigation 
acts. The Proprietors protested that this was unnecessary 
since the recent act requiring the approval of the King for 
the appointment of a Governor. The objection was over- 
ruled and the bond was required.^ 

The Proprietors now found it necessary to pay some 
attention to their courts in Carolina, and to provide some- 
thing better for the administration of justice than a Judge 
and Sheriff combined, without a prosecuting officer. They 
appointed and sent out a Chief Justice and an Attorney 
General. The Attorney General was first commissioned. 
This was the same Nicholas Trott who had been Governor 
of the Bahamas, and whom Randolph had denounced as a 
harborer of pirates ; and as if in defiance of this accusation, 

1 Coll. Hist. Soc. of So. Ca., vol. I, 207. 

2 Colonial Records of No. Ca., vol. I, 470, 477, 667. 


Trott was not only appointed Attorney General, but Ad- 
vocate General of Admiralty and Naval oflBcer. He was 
commissioned as Attorney Genei-al February 5, 1697-98, 
and a month after his instructions were made out. His 
duties were prescribed to be: to communicate such in- 
structions to the Governor and Council as were requisite ; 
to peruse the acts of Assembly before confirmation, so 
as to see that they were not repugnant to the laws of 
England, and to report the same to the Lords Proprietors. 
He was to prosecute and take care of all matters criminal ; 
to advise and consult with the Collectors of the King's 
customs, and the better to secure the King's customs they 
constituted him also Naval officer. He was instructed to 
inquire into the Indian trade and its abuses. He was to 
be allowed access to all public records in the grantings 
of office, and of all documents whatsoever. His salary 
was fixed at X40 (i.e. about $800) per annum. As 
Naval officer he was to make entries of all ships inward or 
outward bound, to obey all instructions and directions 
from the Proprietors or the Commissioners of the Customs. 
The Chief Justice was Edmund Bohun, who was com- 
missioned on the 22d of May, 1698. He was one of the 
few settlers in Carolina who was entitled by birth to be 
called a cavalier. He was of the family mentioned by 
Macaulay as one of those untitled families descended from 
knights who had broken the Saxon ranks at Hastings and 
scaled the walls of Jerusalem.^ Mr. Bohun was a man of 

1 "There were untitled men well known to be descended from knights 
who had broken the Saxon ranks at Hastings and scaled the walls 
of Jerusalem. There were Bohuns Mowbrays De Veres nay kinsmen 
of the House of Plantagenet with no higher addition than that of 
Esquire and with no civil privileges beyond those enjoyed by every 
farmer and shopkeeper." — History of Englandy vol. I (ed. Hurd & 
Houghton), 1878, 42 ; Introductory Memoir to Diary and Autobiography 
of Edmund Bohun. 


learning ; he was the author, compiler, editor, or translator 
of many books,^ but he was not a professional lawyer. His 
qualifications for the judicial office were only those ac- 
quired by experience on the magisterial bench, on which 
he had sat for many years by no means regardless of its 
responsibilities, and upon the duties of which he had pub- 
lished a tract, in 1684, entitled The Justice of Peace^ his 
Calling : a Moral Essay. Mr. Bohun, bred a dissenter from 
the religion of the established church, a great admirer of 
parliaments, and taught betimes to fear monarchy and arbi- 
trary government, became one of the sturdiest advocates 
of hereditary monarchy, but was, nevertheless, a most 
zealous and uncompromising Protestant. Upon the over- 
throw of James, he held, with others, that the most sub- 
missive slaves of "passive obedience were not bound to 
remain forever without a government" or actively seek 
the restoration of a prince wlio had sought to enslave 
the nation and overthrow the Protestant church. Holding 
fast the theory of non-resistance, he thanked God that he, 
by his own " particular providence, had rejected a king 
who had notoriously invaded and destroyed all our civil 
and religious rights and liberties." His abandonment of 
the cause of James cost him the friendship of Archbishop 
Bancroft and the loss of his seat on the magisterial bench. 
But upon the return to power of the Tories in the Parlia- 
ment of 1690, Mr. Bohun was given the post of licenser 
of the press. Here the perversity of his character or fort- 
une again asserted itself. While his known opinions and 
published writings laid him open to strong suspicion of 
Jacobitism on the one hand, his avowed allegiance to Will- 
iam and Mary exposed him, on the other, to a charge of 
gross inconsistency. He held the office but five months. 
His Protestant zeal had occasioned his expulsion from the 

1 JFor list of works by him see AUibone's Dictionary of Authors, 


magisti-acy under James; restored to it under William 
and Mary, he was again removed by the Whigs because 
of his Toryism. A sincere and earnest Christian, a scholar 
and writer of great ability, he appears to have been a man 
without tact in the vigorous expression of his opinions, 
to which misfortune his irascible temper and the acrimony 
of his style added bitterness. It is not known through 
what medium he obtained the oiBce of Chief Justice of 
South Carolina. His inducement taseek it was probably 
that his eldest son, Edmund, had settled as a merchant in 
the colony.^ 

On the 16th of August, 1698, the Proprietors wrote to 
Governor Blake and Council r^ — 

" Greutlemen : wee are intent upon making you the happy settle- 
ment in America ; in order to which wee sent you by Major Daniell 
(who we hope is safely arrived) constitutions of government in which 
wee have been more hearty in securing your liberty and property 
than any particular advantages of our owne. With him went a Mr. 
Marshall a minister recommended by us, who wee hope and doubt 
not will both by example and preaching encourage virtue, and that 
he will not want encouragement from you. And because good laws 
without due exercise are a dead letter, and the reputation of a just 
execution of them is inviting wee have commissioned £dmund 
Bohun Esq a person who has had a veiy good reputation in the exe- 
cution of the laws of England to be your chief justice ; who besides 
the advantage of his owne estate which will l>e transmitted to him is 
allowed by us a very good salary to keep him beyond the reach of 
temptation of corruption. Gentlemen your very affectionate friends 
Bath Palatine " etc. 

To obtain for their colony a reputation of the wise ad- 
ministration of its laws, the Proprietors sent out a mere 
Justice of the Peace of England as Chief Justice of the 
province ; and to secure him against the temptation of cor- 
ruption, they allow him, as a very good salary, £60 a year 

^ Introductory Memoir to Autobiography. * Ibid, 


(about $1200), but in addition to which there were also 
perquisites of fees and costs. 

John Ely was commissioned as Receiver General on the 
26th of July, and the Governor and Council were in- 
formed of his appointment at the same time as they were 
informed of the appointment of the Chief Justice. Mr. 
Ely was charged as Receiver to settle, or to introduce, 
a trade to North Carolina and the Bahamas, so as to 
produce a profitable revenue to Charles Town. He was 
to inform himself of the fines imposed upon persons for 
misdemeanors, and to collect the same ; to inquire con- 
cerning forfeited and escheated estate ; to take charge of 
their share of wrecks ; to get information in regard to all 
lands granted, and to frame a regular rent-roll. He was 
to pay the salaries of the officei-s, to receive a certain com- 
mission himself, and to present his accounts once in every 
three months. At the same time the Rev. Mr. Samuel 
Marshall was sent out and appointed Registrar of the 

The Proprietors were thus attempting — in a niggardly 
way, it is true — to provide a better government; but they 
were becoming a less and less influential body. Their 
hold upon the province was being weakened and loosened 
both at home and in Carolina. At home, in England, Pro- 
prietary governments were falling into disfavor, and the 
Royal authorities were on the alert to find some good 
cause of forfeiture or suppression. In Carolina the colo- 
nists were becoming more and more restive under the con- 
trol of a weak board, sitting thousands of miles away, and 
giving to their vital interests no regular attention, but only 
the idle moments of lives devoted to other purposes. 
Randolph had roused the Board of Trade at Whitehall to 
a stricter enforcement of the navigation acts, and the pos- 
sibilities of a larger revenue from his Majesty's customs. 


He was now turning his attention particularly to South 
Carolina, where he proposed to make his residence in the 
winter time to avoid the extreme cold of the northern 
plantations.^ From Charles Town, on the 16th of March, 
1698-99, he addressed a long and interesting letter to the 
Commissioners of Titide.^ From this letter it appears 
that Blake had not been confirmed as Governor by his 
Majesty's order, because the act of 1695, requiring the 
King's approval, had not been noticed by the Proprietors. 
He gives an estimate of the population as not above 1500 
white men, and throughout the province a proportion of 
four negroes to one white man ; not more than 1100 fami- 
lies English and French. He tells the story of the de- 
struction of Lord Cardross's colony in 1686, and of the 
projected invasion of St. Augustine, the design of which, 
he had heard, was to establish a trade with the Spaniards. 
He finds great alarm at the rumors of the French settling 
on the Mississippi, " not far from the head of the Ashley 
River"; charges the Lords Proprietors with neglect in 
not furnishing ammunition during the French war; pro- 
poses a scheme for soldiers to be sent over at half pay for 
two or three years, then to maintain themselves (this 
could be done at small charge until they numbered 
1000) ; submits a proposal by one of the Council, a great 
Indian trader who had been 600 miles up the country 
west from Charles Town, to discover the mouth of the 
Mississippi in five or six months at an expense of about 
j£400 or X500.^ The great improvement made in the prov- 
ince he attributes to the industry and labor of the in- 
habitants. They had applied themselves to make such 
commodities as might increase the revenue of the Crown, 

1 Coll. Hist Soc. of So. Ca., vol. I, 209. 

^ Ibid., 210 ; Hist. Sketches of So. Ca. (Rivers), Appendix, 443. 

• Colonel James Moore, Coll. Hist. Soc. of So. Ca.y vol. I, 208. 


as cotton wool, ginger, indigo, etc., but finding them not 
to answer the end, they were set upon making pitch, tar, 
and turpentine, and planting rice, of which they could 
make great quantities if they had any encouragement 
from England, having about 50,000^ slaves to be em- 
ployed in that business ; but they had lost most of their 
vessels, which were but small, some by the French and 
some by the Spaniards, so that they were not able to send 
those commodities to England for a market ; neither were 
there sailors there to man their vessels. 

He recommends that his Majesty should, for a time, 
suspend the duties upon rice, and should encourage the 
planters to fall vigilantly upon making pitch and tar, etc. 
Charles Town he represented as the safest port for vessels 
bound from the West Indies to the northern plantation. 
He had formerly presented their Lordships with proposals 
for supplying England with pitch, tar, masts, and all naval 
stores from New England ; and he had observed, when in 
New York, great abundance of tar brought down the 
Hudson River, and grejit quantities also from the colony 
of Connecticut; but since his arrival in Carolina, he finds 
he had come to the only place for such commodities upon 
the Continent of America. Some persons had offered to 
deliver in Charles Town Bay, upon their own account, 
1000 barrels of pitch and as much tar, others greater quan- 
tities, provided they were paid for it in Charles Town in 
Lyon dollars,^ passing here at five shillings per piece. 
The season for making these commodities in this province 
being six months longer than in Virginia and the more 

1 Doubtless a clerical error or typographical error for 6000. 

^ By act of 1694, fixing the value of Spanish coins, it was enacted 
**that pieces of eight of the coyne of Mexico Pillar . . . Peru Uon 
dollar and other coynes containing full thirteen penny weight troy and 
upwards shall be currante money and pass in this part of this province at 
five shillings the piece of eight," etc. — 2 Statute j 95. 


northern plantations, a planter here could make more 
tar in one year with fifty slaves than the inhabitants of 
northern plantations could do with double the number in 
those places, these slaves living here at very easy rates and 
with few clothes. He encloses a statement of the number 
of French Protestants living in Carolina, which he had 
received from Mr. Girard. He finds these people industri- 
ous and good husbandmen ; but they were discouraged be- 
cause they were denied the benefit of being the owner and 
master of vessels which other subjects of his Majesty's 
plantation enjoyed. He concludes his account of Carolina 
by saying that, if the place was duly encouraged, it would 
be the most useful to the Crown of all the plantations 
upon the Continent of America. 

The new courts did not work smoothly. A vessel was 
seized and condemned in the Court of Admiralty as a 
prize ; Morton, the Judge, refusing to receive the evidence 
of witnesses that it was owned by English subjects and over- 
ruling all defences. Randolph, as usual putting the worst 
construction upon the affair, charged corruption, in which 
he implicated the Judge in Admiralty and the Governor, 
his brother-in-law. The matter was taken up in England 
and gave considerable trouble.^ As might have been ex- 
pected from the over punctiliousness and scrupulosity of 
the new Chief Justice, and his general unfitness for such 
a position amidst the discordant elements of the colony, 
with the meddlesome Randolph at hand to be stirring 
up new difficulties, Mr. Bohun was soon in as much 
trouble in Carolina as he had been at home. He was at 
once in as much opposition to Governor Blake as he had 
been first to King James, and then to King William. Nor 
did he find the colonists of Carolina any more disposed 

1 Coll. Hist. Soc. of So. Ca., vol. II, 200, 201 ; Colonial Becords of 
No. Ca., vol. I, 646. 


to acquiesce in his assumption of superior morals than 
had been the Whigs or Tories in England. 

We have no record of the immediate occasion of the 
difficulty which arose, but it is apparent that the attempt 
two hundred years ago to establish in Carolina a dual gov- 
ernment, with a dual system of judicature, gave rise at 
once to jealousies and collisions as it has done afterwards 
in our own times under the Federal and State constitu- 
tions. The Lords Proprietors duly forwarded to their 
Governor and Council the orders and instructions of the 
Royal Government relating to the trade and navigation 
laws with instructions to observe them, and to pay all due 
respect to his Majesty's officers ; but tliey were very jeal- 
ous of the Court of Admii-alty, and did not hesitate to 
express their chagrin that Landgrave Morton, one of their 
Council, should have accepted a commission from any 
other source than themselves, even though it was that of 
a judicial office from his Majesty himself.^ 

On the 21st of September, 1699, the Proprietors address 
two letters, one to the Governor and Council and the other 
to the Chief Justice. 

To the former they write : ^ — 

" Gentlemen : wee are not willing to let any ship goe from hence 
without a line from us. And truly you do manage matters on all 
hands that wee have occassion more than enough. We are sorry that 
the sincere love and hearty care wee have for our colony should pro- 
duce no better effect, and wonder you can't see the benefit that will 
always accrue to you and your posterity by a judge who does not de- 
pend on the will and pleasure of a governor. For as we will not act 
arbitrarily ourselves, so we will always endeavour that nobody shall. 
Wee expected that you and our councill should have countenanced our 
judge ; but wee easily discerne that you raise him all the enemys and 
troubles that you can, and in some things in an extraordinary way 

1 Coll. Hist. Soc. of So. Ca.y vol. I, 148, 149. 

* Note to Introductory Memoir to Autobiography of Edmund Bohun, 


to say no otherwise of it. Not that wee judge him altogether 
blameless ; but there have been faults on all hands. And wee expect 
and earnestly desire that which is past may be forgot and that 
for the future you will give him due encouragement and assistance as 
we shall require of him to carry himself with all respect to you and 
justice and kindness to the people. Gentlemen your very affectionate 
friends. Bath palatine," etc. 

To the latter they write: — 

'* Sir : wee are sorry you have not met with the encouragement and 
assistance wee designed you should have had and which for the future 
will be given to you ; but can't omitt to tell you that you likewise 
have been to blame and have done things imprudently and irregularly. 
Wee rather that you calmely considering of what is past, should find 
them out, than wee be forced to tell you of them. Wee have given 
orders to the govenor and councill in this matter, and wee expect that 
you should show them all respect. Wee would recommend to you not 
to shew too great a love for money which is not beautif ull in any man 
much worse becoming a judge. Take no more than your dues and if 
they at present be of the least consider time will mend them ; and if 
that don't there may be meanes found to doe it. The way to compass 
that is not by complaint or passion. When you have convinced every- 
body by your actions of your justice and especially if you act with 
prudence and temper you will gaine their love, and they will be studyng 
to make such a man easy. Sir your very affectionate friend," etc. 

On the 19th of October their Lordships address two 
more lettei's, one to Governor Blake, the other to Attorney 
General Trott. To the Governor they write: — 

"Wee are troubled to see you have not given encouragement to 
our judge as you ought to have done, but have on the other hand, to 
vex him, been exalting the admiralty jurisdiction *Tis so surprising 
to us that we can't tell what to think of you or the councill or the 
people for whose sake wee were at the charge to send and maintaine a 
judge The people of New York have addressed the governor that 
judges and councillors may be sent from England, and promise to 
encourage them themselves . . . There is nothing contributes more 
to the peopling of a country than an impartiall administration of 
justice; nothing encourages trade more; for it is hardly to be im- 
agined that men will labour and run great hazards to get an estate 


if they have not some assurance of being protected by the lawes . . . 
We must desire you to be very cautious for the future in giving your 
assent to acts which hinder men from coming at their just rights. 
Sir," etc. 

Trott appears in this instance to have acted as a peace- 
maker. The Proprietors write to him : — 

"Wee are well pleased with your prudent management of the 
affaires of Judge Bohun and returne you our thankes. Wee are sensible 
that he likewise has in some things not been so prudent as he should 
have been. Wee have directed your governor and councill to accomo- 
date that affayr and to countenance our judge, in which we expect 
great assistance from your knowledge and prudence. Sir," etc. 

This reference to the action of the colonists of New York 
was needless; the colonists of Carolina had made the same 
appeal. Twenty-nine years before O'Sullivan had written, 
requesting that an able counsellor should be sent to end 
controversies, and put them in the right way to manage 
the colony;^ but the preposterous. provision of the Funda- 
mental Constitutions in regard to lawyers and to lawmak- 
ing had deterred any from coming ; and now the Proprietors, 
while sending them a lawyer as Attorney General, were 
sending them a laymen for Chief Justice. In the letter of 
October 19, the cause of the present trouble is hinted at. 
It was that the Governor and Council were vexing Bohun, 
their Chief Justice, by retaining his Majesty's Judge of 
Admiralty. In other words, the Governor and Council 
were paying more deference to the Royal authority than 
to that of the Proprietors. In another letter they charged 
that Mr. Randolph's " blustering has occasioned much of 
this embroilment." 2 But pestilence and death came to 
put a speedy end to the career of the Chief Justice and 
Receiver General. 

The two last years of the century were full of disasters 

1 Ante, p. 137. Coll. Hist. Soc. of So. Ca., vol. I, 148. 


to the colonists. In the midst of all the political turmoil, 
fire, pestilence, storm, and earthquake visited the planta- 
tion. A letter from the Governor and Council to the 
Lords Proprietors, dated March 12, 1697-98 states : " We 
have had the small pox amongst us nine or ten months 
which hath been very infectious and mortal. We have 
lost by the distemper 200 or 300 pereons. And on the 
24 February a fire broke out in the night in Charles 
Town which hath burnt the dwellings stores and out- 
houses of at least fifty families and hath consumed (it is 
generally believed) in houses and goods the value of 
X30,000 sterling." In a subsequent letter, dated April 23, 
1698, they state that the smallpox still continued, but was 
not so fatal as in the cold weather, and that a great num- 
ber of Indians fell victims to the disease.^ A letter of Mrs. 
Affra Coming to her sister in England of the same time, 
March 6, 1698-99, gives a still more gloomy account. She 
writes:^ — 

" I am sorry that I should be the messenger of so sad tidings as 
to desire you not to come to me till you can hear better times than 
here is now, for the whole country is full of trouble & sickness, 'tis 
the Small pox which has been mortal to all sorts of the inhabitants 
& especially the Indians who tis said to have swept away a whole 
neighboring nation, all to 5 or 6 which ran away and left their 
dead uuburied, lying upon the ground for the vultures to devouer; 
beside the want of shipping this fall winter & the spring is the 
cause of another trouble, & has been followed by an earthquake 
& burning of the town or one third of it which they say was of 
equal value with what remains, besides the great loss of cattle which 
I know by what has been found dead of mine and being over stocked, 
what all these things put together makes the place look with a 
terrible aspect & none knows what will be the end of it," etc. 

The next year, 1699, a malignant disease, with little 
doubt yellow fever, was brought in from the West Indies 

1 Dalcho's Ch, Hist., 32, note. 

' MSS. letters in possession of Mr. Isaac Ball. 


and raged in the town. In a letter from the Governor 
and Council dated Charles Town in South Carolina 
January 17, 1699-1700,^ they state that they had nothing 
to communicate but that 

** a most infectious pestilential and mortal distemper (the same which 
hath always been in one or more of his Majestys American planta- 
tions for eight or nine years last past) which from Barbados or 
Providence was brought in among us into Charles Town about the 
28*** or 29^ of Aug. last past, and the decay of trade and mutar 
tions of your Lordships public officers occasioned thereby. This 
distemper from the time of its beginning aforesaid to the first day 
of November killed in Charles Town at least 160 persons. Among 
whom were Mr Ely Receiver General; Mr Amory Receiver for the 
Public Treasury ; Edward Rawlins Marshall; Edmund Bohun Chief 
Justice. Amongst a great many other good and capital Merchants 
and Housekeepers in Charles Town, the Rev Mr Marshall our 
Minister was taken away by the said distemper. Besides those that 
have died in Charles Town 10 or 11 have died in the country, all of 
which got the distemper and were infected in Charles Town went 
home to their families and died; and what is notable not one of their 
families was infected by them." 

Another letter states that " 150 peraons had died in 
Charles Town in a few days"; that " the survivors fled 
into the country " and " that the town was thinned to a 
very few people." ^ 

It is noticeable that Chief Justice Bohun, the Rev. 
Samuel Marshall, the Receiver General Ely, and Edward 
Rawlins, all newly arrived, fell victims to the disease. 
But the old settlers were not exempt. Half of the mem- 
bers of the Assembly died. Nicholas Trott, the Attorney 
General, though a new arrival, escaped. Dr. Ramsay, 
who wrote in 1809, observes this disease was generally 
called the plague by the inhabitants, but that from tradi- 
tion and the circumstances, particularly the contempora- 
neous existence of the yellow fever in Philadelphia, there 

1 Dalcho's Ch. Hist., 36, 36. « Ihid. 


is reason to believe that the malady was the yellow fever, 
and if so, it was the first appearance of that disorder in 
Charles Town and took place in the nineteenth or twen- 
tieth year after it began to be built. He considers that its 
reappearance in 1703 makes it still more probable that it 
was the yellow fever.^ Dr. Dalcho, a physician whom tra- 
dition asserts was surgeon of a privateer before his entry 
into the ministry, and who was probably familiar with the 
disease in the West Indies, regards it also as probable that 
it was the same yellow fever of the time in which he wrote, 
i.e, the same as that of the present day. Indeed, we may 
safely assume that it was. He also calls attention to the 
fact that at that time, before our extensive swamps were 
cleared of their timber and their surface exposed to the 
direct rays of the sun, persons could reside in the low 
country in the summer and autumn without danger, and 
when unusual sickness prevailed in the town the country 
was resorted to as a place of health.* This continued for 
many years after. In 1738, we shall see, the General 
Assembly called and assembled at Ashley Ferry in Sep- 
tember to legislate in regard to the spread of smallpox, 
then raging in the town. 

During the autumn of 1699 a dreadful hurricane, as it 
was then called, happened at Charles Town, which did great 
damage and threatened the total destruction of the town. 
The swelling sea rushed in with amazing impetuosity and 
obliged the inhabitants to retreat for safety to the second 
stories of their houses. Happily, few lives were lost in the 
town, but a vessel, one crowded with the remnants of the 
disastrous Darien colony, happening to be off the bar at 
the time, was totally destroyed. This vessel, the Rising 
Sun^ commanded by James Gibson, was one of seven in 

1 Ramsay's Hht of So. Ca., vol. II, 82, 83. 
a Dalcho's Ch. Hist., 36, note. 


which the survivors of the Scotch colony had embarked 
upon their attempted return to their native land. But 
one only reached home. Many of those who had em- 
barked in the Rising Sun died of fever and fluxes. To 
complete the chapter of disasters, the vessel encountered 
a gale off the coast of Florida which brought them into 
great distress. They made for the port of Charles Town 
under a jury-mast, and while lying off the bar waiting to 
lighten the vessel that she might get into port, the storm 
arose in which she went to pieces, and nearly every per- 
son on board perished.^ From this vessel one was saved, 
however, almost miraculously, who was to be in a great 
measure the founder of the Presbyterian Church in Caro- 
lina. The Rev. Mr. Archibald Stobo had been waited 
upon by a deputation from the Congregational Church in 
the town and invited to preach, and, agreeing to do 
so, had gone up, taking with him his wife. Lieutenant 
Graham and sevei*al others also accompanied him. These 
thus escaped ; and, going the next day in search of their 
unfortunate countrymen, found the corpses of the greater 
part of them washed ashore on James Island, where they 
spent a whole day burying them. Captain Gibson, the 
commander of the vessel, was among those who were lost ; 
and this was regarded by many in Scotland as the retribu- 
tion of Heaven upon his cruel conduct towards the poor 
prisoners whom he transported to Carolina in 1684. " In 
the very same place," it was said, " it pleased the Sover- 
eign Lord of heaven and earth to call him in so terrible a 
manner to his account." ^ 

One other event of the closing year of the century must 
be mentioned, which, it is to be hoped, had given some 
satisfaction to Mr. Randolph, though he has left no report 

1 Hewatt'8 Hist, of So. Ca., vol. I, 142. 
a Howe's Hist. Presb. Ch., 141, 142. 


of it to the Lords of Trade. In some alleviation of the 
disasters of the year the planters had made a great rice 
crop. They had raised more than they could find vessels 
to export, but the number which the crop employed had 
attracted the pirates, who hovered about the bar. Forty- 
five persons from different nations, Englishmen, French- 
men, Portuguese, and Indians, had manned a ship at 
Havana and entered on a cruise of piracy. Several ships 
belonging to Charles Town were taken and the crews 
sent ashore. But quarrelling among themselves about the 
division of the spoil, the Englishmen, proving the weaker 
party, were turned adrift in a long-boat. They landed at 
Sewee Bay and travelled overland to Charles Town, giving 
out that they had been shipwrecked, but had, fortunately, 
escaped to shore in their boat. To their sad disappointment 
and surprise, no less than three masters of ships happened 
to be at Charles Town at the time, who had been taken by 
them and knew them; upon their testimony the pirates 
were instantly taken up, tried, and condemned, and seven 
out of nine suffered death.^ 

This account is taken from Hewatt. We can find no 
allusion to the incident in correspondence of the time ; nor 
are we informed whether this swift judgment was the first- 
fruits of the newly established Court of Admiralty, or was 
inflicted by the " lynch law " of the people. 

Never, says Hewatt, had the colony been visited with 
such general distress and mortality. Few families escaped 
a share of the public calamities. Almost all were lament- 
ing the loss, either of their habitations by the devouring 
flames, or of friends or relations by infectious and loathsome 
maladies. Discouragement and despair sat on every coun- 
tenance. Many of the survivors could think of nothing 
but abandoning a country in which the judgments of 

1 Hewatt'8 Hist, of So. Ca,, vol. I, 141. 



Heaven seemed to fall so heavily and in which there was 
so little prospect of success, health, or happiness. They 
had heard of Pennsylvania and how pleasant and flourish- 
ing a province it was described to be, and therefore were 
determined to embrace the first opportunity that offered 
of retiring to it with the remainder of their families.^ 

As it happened, however, yellow fever was at the time 
raging in Philadelphia as well as in Charles Town, and 
those who had come from the West Indies regarded that 
dread disease only as one of the evils to which life was 
ordinarily exposed. Smallpox was all over the world. 
It was common at this time in England. From the dangers 
of fire there was no exemption in any country. 

And notwithstanding all the political diflBculties; not- 
withstanding the impotent yet harassing control of the 
Board of Proprietors in England, the jarring elements 
of different and differing people from various lands thrown 
together in a new countiy under a feeble government; 
notwithstanding the national animosities, the religious 
antagonisms, the strife and turmoil of a new society, 
in its struggles to adjust itself; notwithstanding hurricane, 
fire, and pestilence, — the province was improving and the 
colonists were growing in numbers and acquiring some 

1 Hewatt's Hist, of So. Ca., vol. I, 143. 



Thirty years had now elapsed since the planting of the 
colony on the Ashley, — thirty years during which the 
only serious efforts of the Proprietors had been devoted to 
the imposition of the absurd Constitutions of Locke, and 
an immediate return from the sales and quit-rents of lands 
and the profits of the Indian trade. Since the minute in- 
structions to West for an experimental farm, they had 
paid no attention whatever to the development of agpricult- 
ure in the province, nor to the defence of the colony from 
the French or Spaniards. Whatever had been accomplished 
in the material development of the colony had been by the 
efforts of the colonists themselves without the assistance 
of their Lordships in England. " The great improvement 
made in this Province," wrote Randolph, " is wholly owing 
to the industry and labor of the inhabitants." ^ The Lords 
Proprietors took, however, the credit to themselves ; they 
wrote to Archdale, when on his way out, that Carolina 
was looked upon as a place of refuge and safe retreat from 
arbitrary government and the inconveniences of other 
places; 2 and Archdale, nowise loath to claim the honor 
due his administration, announces that the fame thereof 
quickly spread itself to all the American plantations and 
caused immigration to the province.^ 

1 Hist Sketches (Rivers), Appendix, 446. 

2 Coll. Hist. Soc. of So. Ca.y vol. I, 138. 
•Carroirs Coll, vol. II, 107. 



But to whatever causes attributable, and they were , 
many, the province was indeed improving and the inhabi- 
tants multiplying. In 1680 the population was estimated 
to be 1000 or 1200 souls ; but the great number of families 
who had soon after come in from England, Ireland, Barba- 
does, Jamaica, and the Caribbee Islands, it was estimated, 
had more than doubled that number, so that in 1682 the 
white population was probably 2500.^ In 1699 Randolph 
wrote: "Their militia is not above 1600 soldiers, white 
men, but have through the province generally 4 negroes 
to 1 white man and not over 1100 families English and 
French." ^ Estimating the fighting men at one-fifth of the 
population® would make the number at this time 7600. 
It could scarcely, however, have reached that figure, espe- 
cially since the number of families was but 1100. Sup- 
posing that the families avei-aged five members each, which 
is a large estimate, particularly in a new country, it would 
give but 5500. This may have been near the actual num- 
ber. Hewatt states, but without giving his authority, that 
about this time the number of the inhabitants in the colony 
amounted to between 5000 and 6000.* 

Archdale, as we have before seen, is very severe upon 
the character of the first settlers, describing them as " des- 
perate fortunes" who "first ventured over to break the 
ice . . . generally the ill-livers of the pretended church- 
men";^ but Archdale was much prejudiced against church- 

1 T. A. Carroll's Coll, vol. II, 82. 

^ Hist. Sketches (Rivers), Appendix, 443. 

' ** It is a popular estimate that one-fifth of the population are fight- 
ing men. If this is intended to designate the natural militia, that is, 
the male population over eighteen and under forty -five years of age, it 
will almost always be an overestimate, except in a population receiving 
large accessions of adult immigrants or among savage tribes.*' — Ham- 
mond's South Carolina Resources and Population^ etc., 395 (1883). 

* He wail's Hist, of So. Ca., vol. I, 147. 

6 Carroll's Coll., vol. I, 100. 


men sincere or "pretended." Yet the term "adventurers" 
— not in the technical sense of the contracts under which 
some sailed,^ but as applied to those willing to incur risks, 
because having little to lose — described the character of 
many who first came to Carolina. Hewatt applies the 
same descriptive term to those who immediately followed. 
From this period, i.e. that of Sir John Yeamans's administra- 
tion, he says, every year brought new adventurers to Caro- 
lina. The friends of the Proprietors were invited to it by 
the flattering prospects of obtaining landed estates at an 
easy mte. Others took refuge there from the frowns of 
fortune and the rigor of unmerciful creditors. Youth re- 
duced to misery by giddy passions and excess embarked 
for the new settlement, where they found leisure to reform, 
and where necessity taught them the unknown virtues of 
prudence and temperance. Restless spirits, fond of roving 
abroad, found also the means of gratifying their humors, 
and abundance of scope for enterprise and adventure.^ It 
was, perhaps, among this class that Mr. Amy's " great ser- 
vices" were rendered in meeting and treating people at 
the Carolina Coffee House, and inducing them to go out 
to the colony. 

The immigrants who came into Carolina made a medley 
of diflferent nations and principles. From England, says 
Ramsay, the colony received both Roundheads and Cava- 
liers, the friends of Parliament and adherents of the Royal 
family.^ If all adherents to the Royal family are classed 

1 Dalcho^s Ch. Hist., 14. 

2 Hewatt's Hist, of So. Ca.<, vol. I, 66. See this passage, also, in 
Ramsay^s Hist, of So. Ca., vol. I, 3-4. A similar description is given of 
the first settlers in Virginia : ** poore gentlemen, tradesmen, serving men, 
libertines . . . unruly gallants packed thither by their friends to escape ill 
destinies." — Anderson *s Hist, of the Church of England in the Colonies^ 
vol. I, 203, quoting Smith's Virginia, 88-90. 

* Ramsay's Hist, of So. Ca.y vol. I, 3. 


as Cavaliei's, the statement is no doubt correct. But in 
the sense in which the word is generally understood, the 
records scarcely bear out the designation of the Cava- 
liers, whom Macaulay describes as those opulent and well- 
descended gentlemen to whom nothing was wanting of 
nobility but the name, there were none among the earlier 
settlers, and but few came afterwards.^ 

Until the time we are now considering, there had been 
but two persons in the colony having a title — Sir John 
Yeamans, the Landgrave and Governor, and Sir Nathaniel 
Johnson, who was also to be honored with that provincial 
title.* Sir John had been knighted because of his father's 
sacrifices in the Royal cause, and for his own services in 
Barbadoes. Sir Nathaniel had won his title by his sword 
in the service of the Stuarts. As has been observed, any 
tradition that connects to any extent the provincial aris- 
tocracies of the Southern States with the Old World patri- 
cian origin is pure sentimental fiction; that is, not only 
contrary to common sense and to all evidence that can be 
collected, but is in defiance of colonial history itself. The 
social order of South Carolina has been the outgrowth of 
her peculiar circumstances. 

' See Hist. Sketch of So. Ca., by Edward McCrady ; Preface to Cyclo- 
pedia of Eminent and Representative Men of the CarolinaSy etc. (Madison, 
Wisconsin, Brant & Fuller, 1892). 

' The wife of Landgrave Axtell and the wife of Landgrave Blake are 
mentioned as '* Lady Axtell " and ** Lady Blake " in grants and statutes ; 
but this, it is supposed, was merely a local honorary designation of the 
wife of a Landgrave. It cannot be found that they were entitled to 
the appellation by any connection with the peerage in England. Louisa 
Carolina, wife of Rear Admiral Richard Graves, a descendant of Sir John 
Colleton, in a little book published by her in 1821, entitled. Desultory 
Thoughts on Varioiis Subjects, styles herself '* Baroness of Fairlawn and 
Landgravine of Colleton.*' This lady was descended from the three Pro- 
prietors, — Sir John and the two Sir Peter CoUetons. She was not, how- 
ever, descended from either of the Landgraves Thomas or James Colleton. 


But though socially not patricians, and in the main con- 
sisting of those whose circumstances led them to seek 
better fortunes in the New World than the Old afforded, 
and of others of a lower order and more reckless char- 
acter, there is still manifest a strong religious sentiment 
even among the first-comers, and a recognition of the 
Church of England as the established religion of the 
colony. Sayle, dissenter and Puritan though he was, had 
scarcely landed before he applied for a clergyman of the 
church to be sent out, — an appeal which was immediately 
seconded by O'SuUivan, Bull, West, Scrivener, Marshal 
Paul Smith, and Dalton, all the leaders of the colony. 
The very first act passed is one to enforce the observance 
of the Sabbath. It is, nevertheless, doubtless true that the 
dissenters who came with Blake, Morton, and Axtell, and 
the French refugees flying for conscience' sake, were, as a 
class, men of higher, of sterner character than those who 
came fi'om motives of personal advancement only. 

It cannot be deemed wonderful, observes Hewatt, if many 
of these new settlers were disappointed, especially such 
as emigrated with sanguine expectations. The gayety, 
luxury, and vices of the city were but poor qualifications 
for rural industry, and rendered some utterly unfit for the 
frugal simplicity and laborious task of the first state of 
cultivation. Nor could the Puritans promise themselves 
much greater success than their neighbors; though more 
rigid and austere in their manners, and more religiously 
disposed, their scrupulosity about trifles and ceremonies, 
and their violent religious dispositions, created trouble all 
around them, and disturbed the general harmony so neces- 
sary to the welfare and prosperity of the young settlement. 
From the various principles which actuated the populace 
of England, and the different sects who composed the first 
settlers of Carolina, nothing less could have been expected 


than that the seeds of division should be impoi*ted into the 
new country with its earliest inhabitants.^ 

There is no record of the first French Protestants brought 
out by Petit and Grinard in the ship Richmond in 1680, 
though one of the conditions of their transportation was 
that a list of their names should be furnished. They must 
have been persons of some means, however small, for they 
were required to furnish their own provisions for the 
voyage. It is believed that they were settled on the east 
branch of Cooper River, and formed the nucleus of what 
was known as Orange Quarter, subsequently the parish of 
St. Denis; It has been conjectured that the first of these 
names was derived from the principality of Orange in the 
province of Avignon. The name of St. Denis is supposed 
to commemorate the battle-field of St. Denis in the vicinity 
of Paris, which was the scene of a memorable encounter in 
1567 between the Catholic forces commanded by Mont- 
morency and the Huguenots led by Coligny and the Prince 
of Cond^, in which Montmorency was slain. Some thirty 
families were settled here soon after the Revocation of the 
Edict of Nantes.2 Lawson, in his travels in 1700, found y 
seventy families established on the Santee, following trade 
with the Indians and living "as decently and happily as 
any planter in these southward parts of America. The 
French," he says, " being a temperate and industrious 
people, some of them bringing very little effects, yet by 
their endeavours and mutual assistance amongst them- 
selves (which is highly to be commended) have outstript 
our English who brought with 'em larger fortunes though 
(as it seems) less endeavour to manage their talent to the 
best advantage. They live," he says, "like one family, 
and each one rejoices at the prosperity and elevation of his 

1 Hewatt'8 Hist, of So. Ca., vol. I, 66. 
a Howe's Hist. Presb. Ch,, 111, 


bretheren." ^ But it was through pain, travail, and anguish 
that these noble people accomplished what they did. A 
letter of one of the first to arrive, the mother of Gabriel 
Manigault, who in a long and useful life was to accumu- 
late a fortune so large as to enable him to aid the asylum 
of his persecuted parents with a loan of $220,000 for carry- 
ing on its revolutionary struggle for liberty and indepen- 
dence, has been preserved by Ramsay, which, after giving 
a most touching and piteous account of escape from France 
and suflfering on their voyage to Carolina, thus relates their 
bitter experience there : — 

" After our arrival in Carolina," she writes, " we suffered every kind 
of evil. In about eighteen months our elder brother unaccustomed 
to hard labor we were obliged to undergo died of a fever. Since 
leaving France we had experienced every kind of affliction — disease 
— pestilence — famine — poverty — hard labor. I have been for six 
months together without tasting bread, working the ground like a 
slave; and I have even passed three or four years without always 
having it when I wanted it. God has done great things for us ena- 
bling us to bear up under so many trials. I should never have done 
were I to attempt to detail to you all our adventures. I^et it suffice 
that God has had compassion on me and changed my fate to a more 
happy one, for which glory be unto him." ^ 

The Huguenots at first cultivated the barren highlands, 
and naturally attempted to raise wheat, barley, and other 
European grains upon them until better taught by the In- 
dians. Tradition relates that men and their wives worked 
together in felling trees, building houses, making fences, 
and grubbing up their grounds until their settlements 
were formed ; and afterwards continued at their labors at 
the whip-saw, and in burning tar for market. General 
Peter Horry stated that his grandfather and grandmother 

1 A New Voyage to Carolina, etc., by John Lawson, Gentleman, Sur- 
veyor General of North Carolina (London, 1700). 

a Ramsay's Hist, of So. Ca„ vol. I, 6, note. The letter is in French. 


began the foundation of their handsome fortune by work- 
ing together at the whip-saw.^ 

It was hoped that these people would have introduced 
the successful cultivation of vines and the production of 
oil and silk. Unfortunately, their expectations were dis- 
appointed. An attempt was made to cultivate the vine 
and the olive, but the climate proved insalubrious, the 
land, except on the margin of the rivers and creeks, was 
unproductive, and did not reward the care of the culti- 
vator. But though not successful in enriching the coun- 
try with these valuable commodities, these refugees became 
a most important and useful part of the population of the 
colony, and were soon after joined by others of their people >/ 
like themselves, refugees from religious persecution. 

The good will of the King and Lords Proprietors towards 
these distressed and exiled Protestants has been considered 
an instance of noble humanity .^ We cannot so regard it, 
at least on the part of the Proprietors. Their great desire 
and purpose at this time was to effect a colonization of 
their lands. They were seeking emigrants for the prov- 
ince on their own account and for their own advantage, 
and the sober and industrious character of these people, 
and, as it was supposed, their peculiar adaptability to 
the climate and circumstances of Carolina, strongly recom- 
mended the scheme of their colonization to their Lordships. 
So advantageous, indeed, did they regard this immigration 
that they granted Rene Petit and Jacob Grinard 4000 ^ 
acres of land each for having secured the addition to their 
colony.^ During the yeara 1685, 1686, and 1687, the Pro- 
prietors made sales themselves directly to French refugees, 
and sent out instruction for lands to be surveyed for 

1 James's Life of Marion^ Introduction, p. 12. 
a Hist. Sketches of So. Ca, (Rivers), 174. 
8 Coll. Hist. Soc. of So. Ca., vol. I, 102. 



them.^ But only in two instances does it appear that 
these grants were made upon other terms than payment 
of the purchase money ; and in these they were iappai-ently 
granted as a bonus for inducing others to emigrate. To 
Jean Fran9ois de Genillat, the first of the Swiss nation 
to settle in Carolina, was gmnted 3000 acres ; and to John 
d'Arsens, Seigneur de Wernhaut, probably a Belgian, the 
trustees of the Proprietors were instructed to measure out 
such quantity of land as he might desire, not exceeding 
12,000 acres.^ Including those to the Swiss and Belgians, 
grants to the foreign Protestants amounted to more than 
50,000 acres. The grants to these people, whether upon 
sale or for other considerations, were upon the same terms 
of possession and descent as the lands given or sold to 
English settlers, notwithstanding the opinion of the latter 
that the new-comers were aliens in all respects in the 
colony as they were in the mother country.^ 
'^^Charles II had furnished the first of these emigrants 
with transportation in the ship Richmond^ and in the 
reign of James II considerable collections were made for 
the refugees who went over to England; and in that of 
William, X3000 were voted by Parliament "to be distrib- 

^ These grants were as follows : (1685) James du Gu6, 600 acres ; 
Isaac Le Jay and Magdalen Fleury alias Le Jay, his wife, 600 acres ; 
Charles Franchomme and Mary Baulier alias Franchomine, his wife, 600 
acres ; Nicholas Longueinar, 100 acres ; Jean Francois de Genillat (Swiss), 
3000 acres ; Arnold Bonneau, 3000 acres ; James Le Bas, 3000 acres ; (1686) 
Isaac Le Grand, Si6m d*Anarville, 100 acres ; James Le Moyne, 100 acres; 
James Nicholas alias Petibois, 200 acres ; Henry Augustus Chastaigner, 
Esq., Seigneur de Cramach^, and Alexander Chastaigner, Esq., Seigneur 
de Lisle, 3000 acres; John d^Arsens, Seigneur de Wernhaut, 12,000 
acres ; James Martell, Goulard de Vervant, 12,000 ; (1687) Joachim Gail- 
lard, 600 acres. Coll. Hist. Soc. of So. Ca., vol. I, 114, 119. But one of 
these names, i.e. Gaillard, is now surviving in South Carolina. 

2 Coll. Hist. Soc. of So. Ca., vol. I, 114, 117. 

8 Hist. Sketches of So. Ca. (Rivers), 174. 


uted among persons of quality, and all such as, through 
age or infirmity, were unable to support themselves." The 
nobility and wealthier portion of refugees remained nearer 
their old homes in England and on the Continent. Those 
who ventured to America were generally tradesmen, agri-^. 
culturists, and mechanics. There were, however, among 
them some families of ancient lineage and position. In the 
act "making aliens free," the names and occupations of 
those who had petitioned the General Assembly are given, 
and from them we may gather somewhat of the character 
of these people. These are the occupations which are at- 
tached to their names : weavers, wheelwrights, merchants, 
saddlers, smiths, coopers, shammy-dressers, joiners, gun- ^ 
smiths, sailmakers, braziers, goldsmiths, blockmakers, plant- 
ers, watchmakei-s, silk-throwstei"s, apothecaries, and one 
doctor.^ Sixty-three persons were named in the act, and 
all other pei^sons desiring to come in under its provisions, 
and obtain the benefits of naturalization, were required, by 
its terms, to apply to the Governor and obtain a certificate 
from him of having taken the oath prescribed. Under this 
provision, the list of naturalized Huguenots was increased * 
to 164.2 The artisans generally found a home and employ- 

1 Statutes of So. Ca., vol. II, 132. 

2 " Liste Des Fran9oi8 et Suisses . . . who desired naturalization/* 
Edited by Theodore Gaillard Thomas, M.D. New York Knickerbocker 
Press, 1868. Ramsay gives a list of a number of respectable and influen- 
tial families which sprung from this stock ; to wit, Bonneau, Bounetheau, 
Bordeaux, Benoist, Boisean, Bocquet, Bacot, Chevalier, Cordes, Couterier, 
Chastaigner, Du Pre, De Lysle, Du Bose, Du Bois, Deveaux, Dutarque, l)e 
la Consiliere, De Leiseline, Douxsaiiit, Du Pont, Du Bouixiieu, D'Harriette, 
Faucheraud, Foissin, Fay sour, Gaillard, Gendron, Gegnilliat, Guerard^ 
Godin, Giradeau, Guerin, Gourdine, Horry, Huger, Jeannertte, Legare, 
Laurens, La Roche, Lenud, Lansac, Marion, Maz'yck,^ Manigault,Mouzon, 

« Tlie Mazycks were not, however, French or Swiss Huguenots. They 
were Walloons of Li6ge. The name originally was written de Mazyck ; 
but upon the removal to the Isle de K^ was changed to Mazicq, agreeably 


ment in Charles Town, while those accustomed to rural pur- 
suits settled in Craven County on the Santee, and some on 
Cooper River and at Goose Creek, and industriously set 
to work clearing and cultivating the ground. The larger 
portion of these settled on the south side of the Santee, 
where a town or tract was laid out and called '^ James 
Town." ^ This portion of the country hence obtained the 
name of French Santee. Lawson found about fifty fami- 
lies settled on the banks of the Santee. In 1687 six hun- 
dred French Protestants were sent to America through 
the Royal bounty, and most of these, it is said, located in 
Carolina ; ^ but this can scarcely be so, for the Huguenots, 
including all arrivals, did not reach that number.* Ran- 
dolph enclosed to the Lords of Trade in his letter of 

Michau, Neufville^ Prioleau, Peronneau^ Perdriau, Porcher, Postell, 
PeyrCy Poyasy BaveneU Royes, Simons, Sarazin, St. Julien, Serre, Tres- 
vant. In the eighty years since Dr. Ramsay wrote, some of these families 
have died out or disappeared. The names of those still living are italicized. 

1 The tract of land was called "James Town," but no town or village 
was founded. 

^ The Huguenots (Samuel Smiles), 436. 

* The following table was furnished Edward Randolph by Peter Giraid. 
See Hist. Sketches of So. Ca. (Rivers), Appendix, 447 : — 


The number of the French Protestant Refugees of the French 
Church of Charles Town is 195 

The quantity of the French Protestants of the French Church of 
Goose Creek is 31 

The quantity of the French Protestants of y« Eastern branch of 
Cooper River is 101 

The number and quantity of the French Church of Santee is . IH 
Total of the French Protestants to this day in Carolina . 438 

to the French idiom. The original orthography was resumed by the 
emigrant to Carolina, a wealthy merchant, who, upon the Revocation of 
the Edict of Nantes, escaped, and came to Carolina with a cargo of £1000 
sterling, — the foundation of a large fortune which he afterwards made 
in the trade to Barbadoes and the other West Indies. Howe's Hist, 
I'resb. Ch., 102. 


March 16, 1698-99, an estimate of the number of these 
people as at that time 438. 

The Rev. William Screven, a native of Somerset, Eng- 
land, emigrated to America in 1681, and settled at Kittery, 
in the province of Maine. He was an Anabaptist, and as 
such his religious views were not in harmony with the 
" Standing Order " of that province ; whereupon he was 
presented and fined by the County Court "for not fre- 
quenting the publique meeting according to Law on the 
Lords days." The fine was remitted, however, as it ap- 
peared that he usually attended " Mr. Mowdy's meetings 
on the Lords days." He was nevertheless esteemed as a 
citizen and was rapidly advanced to positions of trust; 
but his zeal in behalf of his opinions determined him to 
devote himself to the ministry and to the formation of a 
Baptist Church in Kittery. Going to Boston, he was 
ordained on the 11th of January, 1682, and upon his 
return organized a Baptist Church; but in doing so he 
met with great opposition from the provincial authorities, 
was summoned before the County Court at York, examined 
as to his views upon infant baptism, and thereupon was 
adjudged guilty of blasphemy, fined, and prohibited from 
having any private exercises at his own house or else- 
where upon the Lord's Day, either in Kittery or any other 
place within the limits of the province. Disregarding this 
injunction, Mr. Screven was "convicted of contempt of his 
Majestys authority by refusing to submit himself to the 
sentence of the former court," required to give bond 
for his good behavior in the future, and committed to jail 
until he did so. He was released, however, upon his 
promise to depart out of the province within a very 
short time. On the 25th of September, 1682, a covenant 
was entered into and signed, and a " Baptist company " 
organized, for removal to some other place. They do 


not, however, appear to have been in haste to go. As 
late as October 9, 1683, the "Baptist company" were 
settled at Kittery; for Screven was summoned again 
before the court for disregard of the previous order; and 
again on the 27th of May, 1684, he was summoned "to 
appear before the General Assembly in June next." As 
no further mention in reference to Mr. Screven is found 
in the records of the province, it is probable that he and 
his company had made all their preparations for removal 
and before the time of the meeting of the General Assem- 
bly arrived, had left their homes on the Piscataqua for a 
new settlement in Carolina. The place selected for the 
settlement was on Cooper River, not far from Charles 
Town ; but the exact location is not known, nor the date 
of their arrival. Mr. Screven called the settlement Somer- 
ton, probably from his native place in England.^ Blake, 
Axtell, and Moiton came to Carolina about the same time. 
Blake's wife and her mother, " Lady " Axtell, became mem- 
bers of Mr. Screven's congregation. Before 1693 most of 
the members of the church had removed to Charles Town.^ 
In the year 1696 Carolina received a small accession of 
inhabitants by the arrival of a Congregational Church from 
Dorchester in Massachusetts, who, with their minister, the 
Rev. Joseph Lord, settled in a body near the head of the 
Ashley River, about twenty miles from Charles Town. The 
church of Dorchester, Massachusetts, was composed of a 
company of Puritans who, early in 1630, had sailed from 
Plymouth, Enghmd, and settled in that province. This 
congregation, which was formed as a missionary enterprise, 

1 To ** a confession of Faith of several churches in the county of 
Somerset and in the counties near adjacent/' ** William Screven of 
Somerton" is one of twenty-five subscribers in 1056. This, it is sup- 
posedf is the same William Screven, the immigrant to Carolina. 

« Hist, of the Baptist Ch., Charleston (Tupper), 1889. 


embarked on the 5th of December, 1695, in two small ves- 
sels, and experienced a severe gale on their passage ; but 
both vessels arrived safely in about fourteen days. The 
colony, treading their way up the Ashley River in quest of 
a convenient place for settlement, fixed upon a spot which 
they named Dorchester. Here, in the midst of an unbroken 
forest, inhabited by beasts of prey and savage men, twenty 
miles from the dwelling of any white man, they took up 
their abode, and remained nearly sixty years, keeping 
together as a distinct community. Finding the situation 
unhealthy and confined to a tract of land too small for 
their purposes, they again moved in 1752 and settled at 
Medway, Liberty County, Georgia. Several families of 
Colleton County, however, came from the stock, and it is 
believed that many of the people in that section of the 
State are derived from this source. The ruins of their fort 
and of their church may yet be seen near Summerville.^ 

The colony was continually receiving new additions 
from Barbadoes and the other West India Islands, bring- 
ing with them their negro slaves. These were all Church 
of England people, and formed a great part of the church 
party in the colony. They settled principally upon the i 
Cooper River; some of them were of the Goose Creek 
men of whom the Proprietors warned Ludwell to beware.^ 

1 Howe's Hist, of the Presb. Ch., 120-122. 

* Sir John Colleton, one of the Proprietors, was from Barbadoes, and 
80 were liis two brothers, James, the Governor, and Major Charles Col- 
leton. From that island came Sir John Yeamans, the Landgrave and 
Governor ; Captain John Godfrey, Deputy ; Christopher Portman, John 
Maverick, and Thomas Grey, among the first members-elect of the Grand 
Council ; Captain Gyles Hall, one of the first settlers, and an owner of a 
lot in Old Town ; Robert Daniel, Landgrave and Governor ; Arthur and 
Edward Middleton, Benjamin and Robert Gibbes, Barnard Schinkingh, 
Charles Buttall, Richard Dearsley, and Alexander Skeene. Among others 
from Barbadoes were those of the following names: Cleland, Drayton, 
Elliot, Fenwicke, Foster, Fox, Gibbon, Hare, Hayden, Lake, Ladson, 


The early settlers followed the river courses, and planted 
themselves upon their banks. There were probably two 
causes inducing this : the rivers presented the only means 
of transportation in the absence of roads, and the way 
also of escape from the Indians. The innumerable creeks, 
branches, and inlets from the sea, which intersect the low 
country, presented abundance of room for many years to 
allow river front to almost every plantation. Then fol- 
lowed the filling up of the islands and peninsulas, the set- 
tlements still, however, continuing within easy access to 
water. The banks of the Ashley were first settled under 
Sayle, the western bank most thickly. The Cooper River 
was next followed, and a settlement made upon Groose 
Creek, its first considerable branch, and also on the east 
between that river and the Wando. The destruction 
of Lord Cardross's colony put a stop for many years to 
any settlement at Port Royal ; but the sea islands, those 
now known as James, John's, and Edisto islands, were 
soon peopled. The French refugees had pushed up the 
Cooper, as we have seen, until they had reached the 
Santee. A map made in 1715^ shows that the population 
of South Carolina was still confined almost entirely be- 
tween the Santee on the northeast and the Edisto on the 

Moore, Strode, Thompson, Walter, and Woodward. Sayle, the first 
Governor, was from Bermuda. From Jamaica came Amory, Parker, 
Parris, Pinckney, and Whaley ; from Antigua, Lucas, Motte, and Percy ; 
from St. Christopher, Rawlins and Lowndes ; from the Leeward Islands, 
Sir Nathaniel Johnson, the Governor ; and from the Bahamas, Nicholas 
'I'rott, the Chief Justice. Some of these were probably but temporarily 
on the islands ; some had been long-established residents. 

This list has been compiled, with the assistance of Langdon Cheves, 
Esq., from various sourc»*s, including Emigrants to America^ 1600-1700 

1 Year Book City of Charleston (Courtenay), 1886. Copied from an 
original map of principal part of North America, in the library of 
Thomas Addis Emmet, M.D., of New York. 


southwest. Generally speaking, the old English colonists 
and the Barhadians, who together composed the Church 
of England people, were settled in Charles Town and upon ■ 
the Cooper and Ashley rivers ; the French Huguenots on , 
the Santee ; and English dissenters who had come out 
with Blake and Axt«n upon the Edisto. There were, 
however, Independents, Baptists, Quakei-s, and Huguenots 
in the town. 

Berkeley County was thus for the Church of England, >■ 
Colleton was strongly imbued with dissent, and Cniven, , 
while Calvinistic in its tenets, was without hostility to 
the church. The colonists had crossed the seas and 
changed their climate, but not their minds; they had 
brought with them their Old World thoughts, opinions, 
and prejudices. Indeed, was it not on account of these, 
and that they might have liberty to enjoy them, that 
many had deserted their homes and sought refuge in the 
wild woods of America? All were more or less earnest 
in their religious convictions and sentiments, and clung 
to them as matters of vital consequence even while 
neglecting to be ruled in their lives by the principles they 
professed. In this smalt community of less than 6000 
there were churchmen from England and Barbadoes, ' 
Independents from England, Old and New, Baptists from 
Maine, and Huguenots from France and Switzerland; all ' 
zealous of their peculiar religious tenets and many, if 
not most, with the tenacity of bigotry and fanaticism. 
Carolina was a Church of England province under its i- 
charter, and the Fundamental Constitutions, while offering 
the greatest religious freedom, provided only that God 
was acknowledged and publicly and solemnly worshipped, 
still provided for the establishment and maintenance of 
that church. Every one that came to the colony came 
with full notice of these provisions. Yet the Pi-oprietors 


could truthfully write to Archdale that Carolina was 
looked upou as a place of refuge and safe retreat from 
arbitrary government and the inconveniences of other 
places.^ But it was inevitable that the Old World's ani- 
mosities must needs soon break out among these various 
people. They had, indeed, been alive from the very 
planting of the colony. 

It is not certainly known, as we have before observed, 
when the first clergyman appeared in the colony, or when the 
first church was built. Dalcho places at the head of his list 
of the clergy the name of the Rev. Morgan Jones, as arriving 
in 1660, but does not mention such a person in the text of 
his work. Dalcho's authority for this is a letter written 
by this person in New York, March 10, 1685-86, in which 
he claims to have been sent from Virginia by Sir William 
Berkeley, to meet the fleet from Barbadoes and Bermuda 
under West. He states that as soon as the fleet came in, 
the small vessels with them sailed "up the River" to a 
place called Oyster Point, where he remained for eight 
months.^ If the writer met the expedition, it is clear that 
he antedated the event by ten years. He states that he 
remained in the colony at Oyster Point for eight months. 
It will be observed that the colony fii*st settled Old Town on 
the Ashley in 1670 and was not removed to Oyster Point 
until 1680. Nor can we reconcile his statement by suppos- 
ing it a mere mistake as to the date, for the date was the 
very point about which his letter was written, the object of 
it being to show that the title of England to America by pos- 
session was prior to that of Spain ; moreover, even upon the 
supposition of a mistake as to the date, we remember that, 
on June 25, 1670, at the very time Morgan Jones would thus 
claim to have been in the colony, i.e, eight months after the 

1 Coll. Hist. Soc. of So. Ca., vol. T, 138. 

2 Gentleman's Magazine, for March, 1740, vol. X, 103, 104. 


arrival of the fleet, from March to October, 1670, Sayle wrote 
to Lord Ashley about the want of a minister, asking that one 
should be sent, — a request which was renewed by Sayle and 
others in the September following. The letter we are con- 
strained to believe a mere fabrication.^ Mr. Bond, for whom 
Governor Sayle applied in 1670, certainly did not come out. 
We have no account of the building of any church in 
Old Town on the Ashley, though Culpepper supposed that 
a tract marked out as reserved by the Proprietors was 
intended for a minister. It is possible that the Rev. Atkin 
Williamson may have ofliciated there. The removal of the 
town took place in 1680, and in the plan of the new town, 
1672, as we have seen, a place had been reserved for the 
building of a church, but no church had been built when 
Thomas Ash arrived with the first Huguenots in 1680. In 
a deed dated January 14, 1680-81, by which four acres of 
land were granted to Mr. Williamson, it is recited that the 
donors, Originall Jackson and Meliscent his wife, " being 
excited with a pious zeal for the propagation of the true 
religion which we profess, have for and in consideration of 
the divine service according to the form and liturgy now 
established to be duly and solemnly performed by Atkin 
Williamson cleric his heirs and assigns for ever in our 
church or house of worship to be erected and built upon 
our piece or parcel of ground." ^ It is not known that Mr. 
Jackson owned any land in or near the town. He did own 
land on the Wando or Cooper River. The description of 
the land in the deed does not allow of its identification. 
It is probable that this was an attempt to establish a church 

1 It is strange that Bishop. Perry, in his Hist, of the Amer, Episcopal 
Ch. (vol. T, 372), should have adopted this extraordinary statement with- 
out examination, particularly as it was inconsistent with his statements 
in the very next paragraph of his work. 

a Dalcho's C%. Hist. , 26. 


in the country in which Mr. Williamson was expected to 
officiate, as well as in the town ; ^ but this is mere con- 
jecture. Mr. Williamson, in 1709, petitioned the General 
Assembly " to be considered for his services in officiating 
as minister of Charles Town"; and the act of 1710-11, 
appropriating £30 per annum for his support, states that 
he " had grown so disabled with age, sickness and other 
infirmities, that he could no longer attend to the duties of 
his ministerial function, and was so poor that he could not 
maintain himself." ^ As we have before concluded, it is 
possible that Mr. Williamson came out in 1680. There 
was a clergyman in Carolina in 1689, for it was one of the 
tyrannical acts of Colleton that he fined and imprisoned 
him for preaching what he considered a seditious sermon ; * 
but who this was, whether Mr. Williamson or another, is not 
known. Mr. Marshall, as we have just seen, had come out 
to be the minister at Charles Town, but died of yellow fever 
in 1699, before he had been three years in the province. 

Mr. Marshall was an amiable, learned, and pious man, 
whose conduct and talents had given great satisfaction, 
and during whose short career much was done to es- 
tablish the church upon a firm basis. Though Governor 
Blake was not himself a churchman, an act was passed 
during his administration, October 3, 1698, "to settle 
a maintenance on a minister of the Church of England 
in Charles Town." Oldmixon claims great credit for 
his patron. Governor Blake, for the passage and allow- 
ance of this provision as an act of grace upon his part, 
though he was a dissenter;* but the recital of the act 

^ Bishop Perry is again mistaken in supposing that it was upon this 
land that the first church, t.^. St. Philip's, was built. 
2 Dalcho's Ch. Hist., 32. See ante, p. 332. 

• Hist. Sketches of So. Ca. (Rivers), Appendix, 410. 

* Oldmixon, Carolina, CarrolPs Coll., vol. II, 417. 


(which is important, too, in regard to what was soon to 
follow) places its enactment upon the proper ground, 
namely, that of a compliance with the charter of the 

The act appropriated a salary of X150 per annum to 
the ministers of Charles Town, and directed that a 
negro man and woman and four cows and calves be 
purchased for his use, and paid for out of the public 
treasury.^ In the same year, AfEra Coming, the widow 
of John Coming, made a deed, by which she gave to 
the Rev. Samuel Marshall, minister of the Gospel in 
Charles Town, and to his successors, appointed under the 
act just passed, seventeen acres of land adjoining the 
town as a glebe. Upon the death of Mr. Marshall, 
the Governor and Council addressed a letter to the 
Bishop of London, asking him to send another minister, 
telling him of the provision made for his support, and 

* Dr. Humphrey, the secretary and historian of the ** Society for the 
Propagation of the Gospel in Foreign Parts," states that upon an inquiry 
instituted by Dr. Compton, Bishop of London, it was ascertained that 
though in the year 1701 there were above 7000 persons besides negroes 
and Indians in South Carolina, and though the province was already 
divided into several parishes and towns, there was until the year 1701 no 
minister of the Church of England resident in the colony at the time. 
(Hist. Account of the Sac. for the Propagation of the Gospel^ etc., 25.) 
This statement is altogether inaccurate : (1) There were not that number 
of persons in the colony at the time (Drayton's View of So. Ca., 193 ; 
Dalcho's Ch. Hist., 30); (2) the province was not then divided into par- 
ishes ; there was but one town ; and (3) there were at that time at least 
two ministers of the Church of England resident and officiating in the 
colony. The Rev. Samuel Marshall, rector of St. Philip's, had died in 
1699, but Mr. Edward Marston had arrived and taken his place in 1700. 
The Rev. William Corbin was officiating in Goose Creek ; and the 
Rev. Atkin Williamson was also in the province, though probably 

2 Dalcho's Ch. Hist., 33. This act is not found in the statutes. The 
salary was probably payable in currency. 


that a good brick house had been built for him upon the 
land given by Mr. Coming. 

The first church, which was known as St. Philip's, was 
built, as before stated, upon the spot reserved for it, 
upon the original plat of the town, i.e. where St. 
MichaeFs now stands. Dalcho fixes the date of the 
erection at about 1681 or 1682, but there is nothing cer- 
tainly known upon the subject. It was "large and 
stately,'' it was said, and was surrounded by a neat 
white palisade. It was built of black cypress upon a 
brick foundation. Mrs. Blake, wife of the Governor, 
subsequently contributed liberally towards its adornment, 
though not herself a member of the church.^ 

The Rev. Francis Mackensie, a Presbyterian clergy- 
man of Donegal, Ireland, it is said, visited Carolina in 
the fall of 1683, with serious thoughts of settling at 
Charles Town; but from the little encoumgement he 
received, he changed his destination to Virginia.* Of 
the Rev. William Dunlop, who came out with the Scotch 
colony and settled at Port Royal in 1684, we have 
already spoken.^ 

The mixed Presbyterian and Independent Church, 
known by various names, — the Presbyterian Church, the 
White Meeting,* the Independent Church, the New Eng- 
land Meeting, the Circular Church, — was first organized 
some time between 1680 and 1690. It was at first com- 
\ posed of Presbyterians chiefly from Scotland and Ireland, 
. Congregationalists from Old and New England, and some 
of the French Huguenots, who were strictly Presbyterian 
in their form of church government. The first known 

1 Dalcho'8 Ch. Hist., 26. 

« Howe's Hist. Presb. Ch., 76, 77. 

■ Ante^ p. 216. 

* Whence the name of ** Meeting Street" 


Presbyterian minister in the province, excepting the Rev. 
William Dunlop at Port Royal, was the Rev. Thomas 
Barret, in 1685. His ministry was but temporary. The 
first regular pastor was the Rev. Benjamin Pierpont, in 
1691. He died January 8, 1697-98, and was succeeded by 
a Mr. Adams, of whom little is known ; and he by John 
Cotton of Boston, who sailed from Charles Town Novem- 
ber, 1688, and died September, 1699 ; and he by the Rev. 
William Stobo, upon his providential escape from the 
disastrous shipwreck and stranding upon the shores of 
Carolina. It is not known when the original building 
used by the church was erected. It was but forty feet 
square and slightly built.^ The site whereon the present 
church stands was given by " Madame Symonds " October 
23, 1704. It was long known as the "White Meeting." ^ 
The first church of the French Protestants, known as 
the Huguenot Church, was erected at some time between 
the years 1687 and 1693. On the 5th of May, 1687, the 
lot whereon the present church stands was conveyed by 
Ralph Izard and Mary, his wife, to James Nichols "for 
the use of the commonalty of the French Church in 
Charles Town " ; ^ and in 1693, the congregation complained 
to the Lords Proprietors that they were required to begin 

1 Howe's Hist. Fresh, Ch., 124, 126, 145. 

2 Ibid., 124. 

• It has been supposed probable that the Huguenots built their first 
sanctuary upon the site of the present church early in the year 1681. 
(See Year Book City of Charleston, 1886, 297.) This theory is based 
upon the supposition that Michael Lovinge, the grantee of this lot, was 
but a trustee for the church. But the record shows that this is a 
mistake. Michael Lovinge, the grantee, described as a "sawyer,'' con- 
veyed the lot to Arthur Middleton, the 24th of November, 1684. Arthur 
Middleton by will devised it to his daughter Mary, who, with her husband 
Ralph Izard, conveyed it to James Nichols for the church, as stated in 
the text. See Records, Secretary of Staters Office Book, marked ** Grants, 
Sales," etc., 1704-1708, 250. 


their divine worship at the same time as the English do, 
which was very inconvenient, as several of them lived out 
of the town and came by water to attend their service, 
and had to depend upon the tides.^ There must, then, 
have been a place of worship in which the congregation 
was accustomed to assemble before 1693, and it is but 
reasonable to suppose that this was upon the spot they 
had purchased for the purpose.^ The Rev. Elias Prioleau, 
pastor of the church at Pons, who, upon the Revocation 
of the Edict of Nantes, left France with a considerable 
number of his congregation in April, 1686, and came to 
Carolina, is regarded as the founder of this church in 
conjunction with the Rev. Florente Philippe Trouillard, 
who were its first ministers. They served the church 
as colleagues, and probably without compensation, both 
ministers and people being dependent alike on secular 

One Cesar Moze, a French refugee, by his will written 
in his native language, dated June 20, 1687, bequeathed to 
the church of the French refugees in Charles Town, trente 
sept lieures (thirty-seven livres) to assist in building a 
house of worship in the neighborhood of his plantation 
on the eastern branch of the Cooper River.* As already 
mentioned, it is probable that Elias Prioleau ministered 
to this congregation. The Rev. de La Pierre is supposed 
to have been their first pastor. There was another settle- 

^ Hist. Sketches of So. Ca. (Rivers), Appendix, 438. 

2 Howe's Hist. Presb. Ch., 109. Mr. Fraser, in his Beminiscences of 
Charleston^ says that the great fire of June, 1796, ** burnt the original 
French Church where the Huguenot refugees worshipped for upwards of 
a century previous to that time." (pp. 3^i, 34.) But Shecut states that 
the original church (which he says was built in 1701) was burnt in 1740 
with all its records. 

8 Probate office, Charleston, South Carolina, Will Book; Howe's Hist. 
Presb. Ch., 108. 


ment and church of the Huguenots on the western branch 
of Cooper River, of which Anthony Cordea, un mideein, 
who arrived in Charles Town in 1686, was one of the 
foundera. Their first pastor was Rev. Florente Philippe 
Trouillard, whom we have just found Hssociated with Elias 
Prioleau is the pastorship of the church in Charles Town. 
The Rev. Pierre Robert was the first pastor of the church 
in French Santee. Indeed, he is said to have been the first 
Calvinistic minister who preached in South Carolina; and 
it is deemed questionable whether this church was not 
older even than that in Charles Town. The Huguenots 
on Goose Creek are not known to have formed an den- 
ized congregation.^ '^ 

Most of the members of the Baptist colony had moved 
to Charles Town before 1693. At first their meetings ■ 
were held in the house of William Chapman in King 
Street. In 1699 William Elliott, one of the members, 
gave the church the lot of land on Church Street on which 
the First Baptist Church in Charleston now stands, and a 
house of worship was erected on this lot in that or the 
year following.^ 

No considerable groups of settlers are known to have 
emigrated to South Carolina between the years 1696 and > 
1730, nor does the white population appear to have in- 

> Howe's HIal. Prtab. Ch., 111-113. There is, however, an old plat of 
A plantatlOD on one of tbe liead branches of Goose Creek, made b; Joseph 
Parcell, Surveyor, in July, 1785, on which a spot ia marked " Remains of 
aFtench Church." See Deed, Mesne Conveyance Oglcf. Book G, No. fl, 

' Biat. of the First Baptist Ch., 50. The first church building was, 
however, abaudoned fur aiiotiier built on the east aide of the street in 
ITM, the old lot on the west side continuing to be the burial-ground of 
the members. Th« present edifice on the c)l<i lot on the west side was 
erected id 1822, and the building on the east became the Mariners' 
Church, which was destroyed in the earthquake of 1it86. See Sliecut'a 
Euata, 5, 29. 


creased at all until after 1715. In 1699 it was, as we 
know, probably about 5500. In 1708, as we shall here* 
after see, it had actually declined to 4080. There was a 
decrease also in the number of negroes during this period. 
Tlie losses by smallpox and yellow fever will probably 
account for much of this ; but the neglect and mismanage- 
ment of the Proprietors, and the struggle over the estab- 
lishment of the church which we are soon to record, no 
doubt retarded the progress of the colony. We may 
assume, therefore, that the proportion of the various de- 
nominations in the colony was about the same in 1710 as 
it was at the time of which we are now treating. In a 
letter written in that year by a Swiss gentleman in Charles 
Town to his friend at Bern, it is stated that the propor- 
tions that the several parties in religion bore to the whole 
and to each other were as follows : Church of England 4^ 
to 10 ; Presbyterians, including those French who retained 
their own discipline, 4^ to 10; Anabaptists 1 to 10 and 
Quakers ^ to 10.^ In this estimate, for it is nothing 
more, Independents and Congregationalists, as well as 
Huguenots, are included as Presbyterians. There were in 
the colony at this time eight ministers of the Church of 
England, three French Protestants, two of whom had 
accepted Episcopal rule and observed the services of the 
church, four of British Presbyterians, one of Anabaptists. 
The ministers of the Church of England had, by the act of 
1706, each XlOO per annum from the public treasury be- 
sides contributions and perquisites from their parishioners. 
The dissenting ministers were maintained by voluntary 

In 1701 a movement was consummated in London by 

1 Howe's HisL Presb. Ch.y 163 ; A Letter from So, Ca,, etc., London, 
1722 (second edition), 46. 

2 Ibid., and Dalcho's Ch. Hist., 432. 


the formation and incorporation of " The Society for the 
Propagation of the Gospel in Foreign Parts," which exer- 
cised a great influence in this colony, not only in religious 
matters, but in the education of its youth. Several eminent 
persons, observing the want of clergy in the colonies of 
England and probably also the unfortunate character of 
some who had gone out to the provinces, had for some 
time before contributed to an effort for recovering their 
countr}'^men abroad from irreligion and darkness. Fel- 
lowships had been established in Oxford, the beneficiaries of 
which should be under obligation to take holy orders for 
service in his Majesty's foreign plantations, and salaries 
were provided for " preaching ministers." 

The society resolved not to obtrude the Episcopal 
services upon the colonists against their wishes. They 
did not, therefore, send missionaries until applications 
were made for ministers of the Church of England, nor 
until they were assured that adequate means would be 
provided for their comfort and support. So liberal, indeed, 
was this society that in some instances they supported 
clergymen who were not episcopally ordained. As in- 
stances : the two Huguenots, the Rev. de La Pierre of St. 
Denis and Rev. P. de Richbourg of St. James, Santee 
(1715-20). The society was very minute in its instruc- 
tions to the clergy they employed. They were to keep in 
view the great design of their undertaking; to promote 
the glory of Almighty God and the salvation of men, bj^ 
propagating the Gospel of our Lord and Saviour. The 
directions in regard to the instruction of negroes were still 
more minute and explicit, containing the simple statement 
in logical order and consequence of the substance of the 
Christian religion. 

The society was equally careful in its directions to their 
schoolmasters, and impressed upon them that the end of 


their employment was the instructing and dispioeing chil- 
dren to believe and live as Christians. They were re- 
quired to oblige their scholars to attend regularly upon 
the services of the church and to have them publicly cate- 
chised. " They were to take special care of their manners 
both in and out of school; warning them seriously of 
those vices to which children are most liable; teaching 
them to abhor lying and falsehood and to avoid all sorts 
of evil speaking ; to love truth and honesty ; to be modest 
gentle well-behaved, just and affable, courteous to all 
their companions ; respectful to their superior particu- 
larly towards all that minister in holy things and espe- 
cially to the minister of their Parish." ^ 

These instructions of the society are particularly perti- 
nent to the history of South Carolina, as it was in this 
province that the society commenced its labors, and in- 
deed did the most of its work. Its influence remained 
not only in the religious sentiment of the people, but in 
their system of education, which the mastei'S fi-om Oxford 
sent out by them, based upon a classical foundation. 

The first missionary sent out by the society upon the 
application of the Governor and Council was the Rev. 
Samuel Thomas, who was appointed in June, 1702. His 
original mission was not to the colonists, but to the Yam- 
assee Indians, who surrounded the settlements; but 
Governor Johnson, not deeming it a convenient season for 
that duty, appointed him to the care of the church at 
Goose Creek. His ministry, however, though attended 
with considerable success, was but a brief one ; on his 
return from England, to which he had gone on a visit, he 
died in 1705. 

1 Dalcho's Ch. Hist., 60. 



At the opening of the new century, says Rivers, we 
must cease to look upon South Carolina as the home of 
indigent emigrants struggling for subsistence.^ The colony 
had now substantial numbers, and its various elements 
had begun to settle themselves into somewhat of a com- 
munity. The spirit of adventure had, in a measure at least, 
given way to the more sober purpose of citizenship. A 
review of its material condition will show what had been 
accomplished in the thirty years since the arrival of the 
first emigrants. 

The population, which, as we have seen, was about 5500 . 
besides Indians and negroes, was still clustered around 
the town in a comparatively small area ; more than half, 
about 3000, were inhabitants of the town. There were, at 
least, 250 families residing in it, many of them having ten 
or twelve children each. The town still, however, com- 
prised only the space between the bay and the present 
Meeting Street. The principal street running through 
its whole length was the present Church Street. The 
cross streets were Queen, Broad, Elliot, and Tradd, though 
not then bearing these names. It was fortified, says Old- 
mixon, more for beauty than strength. It had six bastions, 
and a line all around it. There were three bastions on 
Cooper River. Craven Bastion was on the northeast corner 
of the town, at the end of wliat is now Market Street ; 

1 Chapter in Colonial Hist. (Rivers). 



Blake's Bastion at the end of Broad Street, about wherie 
now stands the Old Exchange, the postoflSce ; Granville's 
Bastion stood where the battery now begins. From this 
point a creek ran up what is now Water Street, and a line 
of palisades extended on its northern bank, through what 
is now StoU's Alley and the Baptist churchyard, to the 
corner of Tradd Street ; thence along what is now Meet- 
ing Street to Cumberland ; the northern line running 
diagonally from about the corner of Meeting and Cumber- 
land to what is now Market Wharf. At the intersection 
of Broad Street was a half-moon, a little later called John- 
son's Raveline, across which thei*e was a drawbridge. 
Carteret Bastion was on the northwest corner, where 
Cumberland and Meeting streets now meet. 

The only public buildings were the churches, an account 
of which was given in the last chapter. Charles Town was 
the market town, and thither the whole product of the 
province was brought for sale.^ Archdale declares that 
the road out of the town, which he says was called the 
Broadway, was so delightful a road and walk, so beautiful 
with odoriferous and fragrant woods, and pleasantly green 
all the year, that he believed no prince in Europe, by all 
his art, could make so pleasant a sight.^ There were also 
several fine streets in the town, says Oldmixon, and some 
very handsome buildings, as Mr. Landgrave Smith's house 
on the bay, with a drawbridge and wharf to it; Colonel 
Rhett's, also on the bay, and with drawbridge and wharf. 
He mentions also Mr. Boone's, Mr. Logan's, Mr. Schin- 
kingh's, and ten or twelve othei-s which deserve notice. 
There was a public library in the town, he says, and a free 
school was talked of.^ 

1 Bntish Empire in Am.^ vol. I, 610 (Oldmixon). 

2 Arch lale, in CarrolPs CnlL, vol. U, 95. 
* British Empire in Am., vol. I, 611. 


Lawson, who wrote about the same time, gave this de- 
scription : ^ — 

** The Town," he says, " has very regular and fair Streets 
in which are good Buildings of Brick and Wood, and since 
my coming thence has had great Additions of beautiful, 
large Brick building besides a strong Fort and regular , 
Fortifications to defend the Town. The inhabitants by 
their wise Management and Industry have much improved 
the Country which is in as thriving Circumstances at this 
time as any Colony on the Continent of EngliBh America, 
and is of far more Advantage to the Crown of Great 
Britain than any of the other more Northerly Plantations 
( Virginia and Maryland excepted). This colony was at 
first planted by a genteel sort of People that were well 
acquainted with Trade and had either Money or Parts to 
make good use of the Advantages that offered as most of 
them have done by raising themselves to great Estates 
and considerable Places of Trust and Posts of Honour in 
this thriving Settlement. Since the first Planters abun- 
dance of French and othere have gone over and rais'd 
themselves to considerable Fortunes. Tliey are very neat 
and exact in Packing and Shipping their Commodities ; 
which Method has got them so great a Character abroad 
that they generally come to a good Market with their 
Commodities, when often times the Product of other 
Plantations are forc'd to be sold at lower Prizes. They 
have a considerable Trade both to Europe and the West 
Indies whereby they become rich and are supply'd with 
all Things necessary for Trade and genteel Living which 
several other Places fall short of. Their cohabiting in a 
Town has drawn to them People of most Sciences, whereby 
they have Tutors amongst them that educate their Youth 

1 A New Voyage to Carolina, etc., 2, 3. 


The first act in order of time found remaining when the 
statutes were compiled in 1837 was one entitled " An (Bet 
for the settling of a pilot^^^ April 11, 1686.^ It was, how- 
ever, so defaced as to be illegible, but we have preserved 
one passed under Sothell, March 25, 1691, no doubt based 
upon that of 1685. This appointed three regular pilots 
who were required to make it their business to look out 
for ships coming into the harbor, regulating their conduct 
and prescribing the rates of pilotage.^ In 1694 an addition 
to this act was made providing for the maintenance of a 
watch on Sullivan's Island as well.^ In 1696 this was 
again added to and amended, and rates for bringing in 
vessels by the different channels prescribed.* These pilots 
Lawson found on duty when he arrived in 1700.^ There 
was need of them; for from the town could now be seen 
entering the harbor vessels from Jamaica, Barbadoes, and 
the Leeward Islands, from Virginia and the other colonies, 
and the always welcome ships from England. About 
twelve of these ships were owned by the colonists, half 
of which were built by themselves.® These were, however, 
small; for, unhappily, the bar across the mouth of the harbor 
admitted no ships of above 200 tons." Archdale, writing 
in 1707, says he could demonstrate what a great advantage 
Carolina is to the trade of England by consuming com- 
modities from thither, and by bringing great duties to the 

1 Statutes, vol. II, 3. « Ibid,, 93. 

« Ibid., 50. * Ibid., 127. 

* A Ne\o Voyage to Carolina, 6. 

• Chapter in Colonial Hist. (Rivers). 
' British Empire in Am., vol. I, 670. 

Yet in an offer made by the Assembly in 1703 to supply a frigate with 
provisions, if one should be sent from England to cruise on the coast, it 
is said that Charles Town bar had ** thirteen feet of water at high tide- 
water at neap tides, and fifteen feet at spring tides at least,^' and Port 
Royal eighteen feet at low tides and twenty-four at high water on ordi- 
nary tides. Hist. Sketches (Rivers), 202, note. 


Crown by importing goods or commodities thence : " For 
Charles Town trades near 1000 miles into the continent." 
That notwithstanding all the discouragements the town 
had met withal, yet seventeen ships that year came thence 
to London in the Virginia fleet laden from Carolina with 
rice, skins, pitch, and tar, besides several stragglers.* 

The neck of land between Cooper and Ashley rivers, 
about six miles in length, was well settled. One passed 
about this time, in riding up the road which Archdale 
described as so beautiful, the plantations of Mathews, 
Green, Starkey, Gray, Grimball, Dickeson, and Izard on 
the Cooper ; and further up those of Sir John Yearaans, 
Landgrave Bellinger, Colonel Gibbs, Mr. Schenkingh, 
Colonel Moore, and Colonel Quarry. On the Ashley Land- 
grave West, Colonel Godfrey, and Dr. Trevillian had planta- 
tions. Goose Creek was thickly settled. On the western 
branch of the Cooper River the most noted plantations 
were " Coming T," the plantation of Captain John Com- 
ings, the same who had come out with Halsted, and Sir 
Nathaniel Johnson's "Silk Hope." In Colleton County 
lived Colonel Paul Grimball, Landgraves Morton, Blake, 
and Axtell, and Mr. Boone. There were two small towns 
or hamlets besides Charles Town, — Wiltown or New 
London on the South Edisto, containing about eighty 
houses, and Dorchester at the head of the Ashley, con- < 
taining about 350 souls.^ 

The Governor generally resided in Charles Town and 
the Assembly sat there, as well .is the newly established 
courts. There also the public offices were kept and the 
business of the province transacted. 

The first fortunes in Carolina were made in the Indian . 
trade, a trade which the Proprietors jealously endeavored 

1 Carroll's Coll., vol. II, 97. 

2 British Empire in Am., vol. I, 612, 613. 


to appropriate to themselves. Guns, powder and shot, 
beads, trinkets, bright-colored cloaks, blankets, and rum 
were exchanged for skins and furs of wild animals and 
other Indian pelf ry. With the exception of rice, the furs 
and skins obtained from the Indians continued to be the 
most valuable commodity in the colonial trade as late as 

Dr. Henry Woodward, it will be remembered, was the 
first explorer of the province. From his sojourn with the 
Indians, when left by Sandford in 1666, he became an 
interpreter of their languages, and as such was employed 
by the Governor and Council in their communications and 
treaties with them. In 1671 Sir John Yeamans sent him 
to Virginia upon an expedition of discovery, upon which 
occasion, reciting the hazardous and dangerous nature of 
the adventure he was about to undertake, he executed a 
will of all his property in Sir John's favor, which will is 
among the first records of the colony .^ There were many 
complaints to the Proprietors of this mission, implying 
that the expedition was for the private advantage of Sir 
John and himself. Dalton, the Secretary, wrote that it 
might "be dangerous to follow the fancies of roving 
heads," and asked that a skilful engineer should be sent.' 
Woodward was still employed, however, by the Proprie- 
tors, and in 1674 was commissioned to treat with the 
Indians of Edisto for the purchase of that island, and 
was allowed to have one-fifth of the profits of the Indian 
trade.* He was evidently not a favorite of Governor 
West, during whose administration he appears to have 

^ Governor Glen's Description of So. Ca., Carroll's Coll., vol. II, 234- 

3 Probate office, Charleston, South Carolina, and Secretary of Staters 
office, Columbia, South Carolina. 

« Calendar State Papers, Colonial, 1670-74, 736-746. 

* Ibid., 1287. 


been convicted of some misdemeanor by the Grand Coun- 
cil and condemned to pay <£100; a part of which he paid, 
and left the province. The Proprietors, however, pardoned 
him ; and again, on the 23d of May, 1682, commissioned 
him to return to Carolina and make further explorations.^ 
There is no account of his subsequent career. 

In Archdale's time, as we Tiave said, Charles Town 
traded near 1000 miles into the Continent.^ Among the 
principal Indian traders were Colonel Bull, Governor 
Blake, and James Moore.^ James Moore, who first ap- 
peared as one of the leaders of the people in 1684, was 
also a great adventurer and Indian trader. He was a 
member of the Council as deputy of Sir John Colleton, 
and Secretary of the province. He it was of whom Ran- 
dolph wrote to the Lords of Trade, in March, 1798-99, that 
he had heard one of the Council (a great Indian trader 
who had been 600 miles up in the country west of Charles 
Town) declare that the only way to discover the Missis- 
sippi was from the province by land. This he was willing 
to undertake if his Majesty would pay the charge of the 
expedition, .£400 or £500. He proposed to employ 50 
white men and 100 Indians, and had no doubt but that in 
five or six months after his Majesty's commands he would 
find its mouth and latitude.* 

The real object of this expedition Moore proposed was 
not, however, the discovery of the Mississippi, but the 
exploring of gold and silver mines. In 1691 he had made 
a journey into the Appalachian Mountains, in which jour- 
ney he had found several pieces of ore which he had sent 
to England to be assayed, and some of which had been 

1 Public Records of So. Ca, (MSS.), vol. I, 169. 

2 Carroll's Coll, vol. 11, 97. 

« Ibid,, 108; Coll. Hist. Soc. of So. Ca., vol. I, 217. 
* Hist. Sketches of So. Ca. (Rivers), Appendix, 446. 


reported to be very valuable, and he now wished to make 
further exploration at his Majesty's expense. In the 
meanwhile, one Thomas Cutler had come out with a com- 
mission from the Lords of Trade to search for mines, but 
he was wholly inexperienced in the matter, and relied en- 
tirely upon the stories which two bi-others-in-law of his in 
Carolina, Edward Loughton and David Maybanck, had 
gathered from the Indians. Moore soon persuaded Cutler 
that he alone possessed the necessary information and 
skill to find and develop the mines, and induced him to 
return to London to represent to the Board of Trade that 
he, Moore, was a person of known experience, judgment, 
and great power among the Indians, and had more perfect 
knowledge of the mines than those they had first relied 
upon. The Board of Trade, however, very curtly informed 
Mr. Cutler and his friend, Mr. Smith, who accompanied 
him, '^ that their Lordships do not concern themselves nor 
meddle in what Captain Moore desires of them & what 
they the said Smith and Cutler think fit to do upon his 
request." ^ We hear no mora of the mines in Carolina. 

Both cotton and rice had been exported from Carolina 
before the end of the seventeenth century. Hewatt and 
Ramsay credit Landgrave Smith with the introduction of 
rice culture. The former gives an interesting story of a 
bag of seed rice, obtained by him from a brigantine from 
the Island of Madagascar, touching here on the way to 
Great Britain in 1698, and his distribution of it between 
Stephen Bull, Joseph Woodward, and some other friends, 
who agreed to make the experiment, and planted their 
several parcels in different soils.^ But Rivers very prop- 
erly declines to adopt this account, and points to an act of 

^ Hist, Sketches of So. Ca., Appendix, 447, 463. 
2 Hewatt'8 Hist, of So, Ca., vol. I, 118 ; Ramsay's Hist, of So, Ca,^ 
vol. II, 200. 


Assembly in 1691 conferring a reward upon Peter Jacob 
Guerard^ inventor of a " Pendulum engine " for husking 
rice, which it was said was superior to any machine pre- 
mously U9ed in the colony .^ Rice was, with indigo, one 
of the plants to be tried by West on tlie experimentiil * 
farm under instructions of July, 1669. 

In a bill of lading, 1671, from London, per ship William 
and Ralph bound for Charles Town, Ashley River, there 
was, among other articles in the cargo, '' a barrel of Rice." 
Mayor Courtenay, in his address upon the centennial of 
the incorporation of Charleston, quotes from a curious 
pamphlet by a gentleman in 1731, long resident in Caro- 
lina, "Dr. Woodward's" name, mentioned as receiving a 
parcel of seed rice from "Madagascar." Dr. Woodward 
appears, however, to have been ignorant for some years 
how to clean it for use. He quotes also from this pam- 
phlet that it was likewise " reported that Du Bois, Treas- 
urer of the East India Company, did send to Charles Town 
at an early date a small bag of seed rice, some short time 
after Dr. Woodward's planting of Rice, from whence it is 
reasonable enough to suppose might come those two sorts 
called Red Rice — from the redness of the inner husk — and 
white Rice, though they both clean and become white 
alike." ^ From these accounts it is quite certain that rice 
was received from Madagascar and experimented upon by 
Smith, Bull, Woodward, and othera, but had been intro- 
duced and planted before. However introduced, rice soon 
became the staple commodity of the province, and the ^ 
advantageous employment of Africans in its cultivation 
greatly increased the demand for negro slaves. The wet, 
deep, miry soil of the cypress swamp, in which rice was 
found to grow so luxuriantly, especially when turned in 

1 Hist, Sketches of So. Ca. (Rivers), 172; Statutes, vol. II, 63. 

2 Year Book City of Charleston (Courtenay), 1883, 396. 


cultivation, proved to be fatal to the white man, but con- 
genial to the negro from Afiica. 

Notwithstanding the failure of the Huguenots to estab- 
lish the manufacture of silk, the attempt was made by Sir 
Nathaniel Johnson upon a plantation settled by him in 
what was afterwards St. Thomas' Parish, called Silk Hope, 
and in 1699 he was able to present to the Proprietors a 
sample of silk made by him.^ When Oldmixon wrote 
(1707), Sir Nathaniel was making from X300 to £400 
yearly from silk alone. Others, encouraged by him, also 

^ experimented, and some families were then making from 
X40 to X60 a year without neglecting their other planta- 
tion work. Little negro children were employed in feed- 

. ing the silkworms. Silk and wool were manufactured 
into druggets.^ As mulberry trees grow spontaneously 
in Carolina, and native silkworms producing well-formed 
cocoons are often found in the woods, it appears that this 
country was well adapted to the development of the indus- 
try ; but though again tried by the Swiss near Purysburg 
in 1731, and again by the French colony at New Bor- 
deaux, Abbeville, in 1764, its manufacture has never been 
persevered in, probably, says Dr. Ramsay, because there 
were easier modes of making money .^ 

The produce of the Indian trade, rice, and the silk that 
was made, were sent to England; beef, pork, corn, peas, 
butter, tallow, hides, tanned leather, hogshead and barrel 
staves and hooj>8 to the West Indies. Though there were 
no cattle in the province upon the first coming of the 
colony, they had increased to such an extent in thirty 

, years that not only did beef and pork constitute two of 
the principal commodities of export, but wild cattle became 

1 CoU. Hist. Soc. of So. Ca., vol. I, 149. 
* British Empire in Am., vol. I, 617. 
« Ramsay »8 Hist, of So. C<u, vol. II, 220. 


almostf as great a nuisance in Carolina as the rabbit in 
later years in Australia. In 1696, as we have seen, an . 
act had been passed for destroying unmarked cattle in con- 
sequence of the inability of penning and marking them 
at that time, by reason of a hurricane which had rendered 
the woods difficult of travel. Eight years afterwards an- 
other act upon the subject was deemed necessary. This 
act, which recited that the great numbers of wild, unmarked, 
and outlying cattle had drawn the tame cattle from their 
ranges, and also ate up the winter food, curiously assum- 
ing that every master or mistress of a plantation owned 
"such cattle," required every owner of a plantation 
who would not swear that, to the best of his know- 
ledge, he did not own 100 head to any one or more of 
his stock houses or cow pens to send one man for every 
100 head to commissioners appointed under the act to 
hunt for, kill, and take wild and unmarked cattle. The 
men so sent were to be mounted, and to hunt under the 
direction of the commissioners. The ownei-s of any marked 
cattle taken up in this way were allowed to claim and 
prove their property under provision of the act.^ This 
prolific produce of cattle in the swamps of the low country- 
was the origin of the stock law of South Carolina which 
so long impeded the full cultivation of the soil by requir- 
ing planters to maintain fences to keep out cattle from 
their plantations and farms, rather than the owners of 
cattle to provide enclosures for keeping tliem in ; a policy 
which existed and extended all over the State for more than 
two hundred years, being only abandoned in the year 1882.^ 
Oldmixon states that some pei*sons had 1000 head of black 
cattle each. For one man to have 200 was very common. 
Hogs were in great abundance, roving for miles, feeding ' 

1 Statutes of So. Ca., vol. II, 220. 
a Ibid,, vol. XVU, 691. 


on nuts and roots.^ Lawson says that the stocks of cattle 
were incredible, being from 1000 to 2000 head in one man's 

The black cattle did not, however, have the swamps to 
themselves ; these regions were still alive with beasts of 
prey, fioni which the planters suffered much, and so re- 
wards were offered in 1703 for their destruction; a white 
man was offered 10«. for every wolf, tiger (panther), or 
bear killed by himself or his slave and 5«. for every wild 
cat ; an Indian was offered 5«. for every wolf or tiger and 
28. 6d. for every wild cat.^ 

The fii-st attempt to establish a postoffice in the colony 
was made in 1698. In an act for raising a public store of 
powder, provision was made requiring every master of a 
ship arriving in the province to deliver all the letters in 
his custody, with an exact list of them, to Mr. Francis 
Fidling and to no other, and this list Mr. Fidling was 
required to fix up in some public place in his house, to 
be viewed by persons who desired to do so. He was to 
deliver the letters to whom they were addressed and to 
mark the delivery on the list. He was to receive for each 
letter or packet one-half royal postage.* In 1702 another 
act upon the subject was passed, entitled "^n act to erect a 
General Postoffice''^ ; but it did little more than appoint 
Mr. PMward Bourne postmaster in place of Mr. Fidling.^ 

In the same year that a postoffice was established in the 

^ British Empire in Am.^ vol. I, 620, 621. 
^ A New Voyage to Carolina^ 4. 
» Statutes of ,So, Ca., vol. 11, 216. 

* Ihid.^ 163, Section X, of an act entitled **^n act for the raising of a 
public store of Powder for the defence of the province.'*^ 

* Ihid.^ 189. In 1(502 a Koyal patent was granted to Thomas Neale to 
establish postoffices in America, which was recognized by an act of Assem- 
bly in Virginia. Brace's Economic Hist, of Fa., vol. 11, 240. We find 
no mention of it in Carolina. 


colony, i.e, in 1698,^ a public library was formed by the 
efforts of the Rev. Thomas Bray, the Bishop of London^s 
commissary in Maryland, with the aid of the Lords 
Proprietors and contributions of the Carolinians, and was 
placed under the charge of the minister of the Church of 
England. This, it is believed, was the first public library v 
in America. In the year 1700 an act was passed ^'^for ae- 
curinff the Provincial Library at Charles Town^'^ by which 
commissioners and trustees were appointed for its preser- 
vation.^ On the 16th of January, 1703, Nicholas Trott 
informs the House of Commons that Dr. Bray had sent 
sundry books as a further addition to the public library, 
together with additional books for a layman's library, 
upon which he was instructed to write to Dr. Bray 
returning thanks for them.^ In May following the Re- 
ceiver was instructed to pay Edward Moseley £5 15«. for 
transcribing the catalogue of the library books.* In the 
church acts of 1704 and of 1706 a room was reserved 
in the rectory of the minister of Charlestown for this 
library;^ and in that of 1712, also reserving the room in 
the parsonage, other commissioners were named in the 
place of five who had died, and provision was supplied 
for supplying vacancies thereafter. The provision of this 
latter act we shall give more fully hereafter. By the first 
act all inhabitants, without any exception, were at liberty to 
borrow any book out of the library, giving a receipt for the 

* Hist. Sketches of So. Ca. (Rivers), 231 ; MSS. Journals House of 
Commons^ 1698. 

2 These commissioners were James Moore (then Governor), Joseph 
Morton, Nicholas Trott, Ralph Izard, Esq., Captain Job Howes, 
Captain Thomas Smith, Mr. Robert Stevens, Mr. Joseph Crosskeys, and 
Mr. Robevt Fenwick. Statutes of So. Ca., vol. II, 374. 

» MSS. Journals, 1703. 

* Ibid. 

* Statutes of So. Ca., vol. II, 237, 286. 


354 HISTORY OP south Carolina 

same ; but, as we shall see, the act of 1712 put it in the 
power of the librarian to refuse to lend books in certain 
cases. There were also parochial libraries established by 
the Society for the Propagation of the Gospel and after- 
wards by Sir Francis Nicholson and other charitable 
persons. These the commissioners were also instructed to 
examine by the catalogue. The parochial libraries were 
probably only of religious works ; but the public library 
in Charlestown was a library for laymen as well.^ 

As before suggested, the Barbadian element in the 
^ colony naturally exerted the greatest influence upon the 
development of its society. The charter required that 
the laws should be as near as may be to the laws of 
England ; but these were also to be suitable to the novel 
conditions of the new province. In the other colonies of 
America society was built up from its very foundations 
upon the peculiar circumstances of each. Its structure 
in each instance was entirely new. But many of the 
earliest settlers of Carolina coming from Barbadoes, where 
a colonial society was already fully developed, as before ob- 
served, brought with them customs and precedents upon 
which that of South Carolina was formed. 

In 1674 upon the Island of Barbadoes, which was not 
much larger than the Isle of Wight, there were 50,000 
t whites and 80,000 negroes, — 130,000 souls in all. In fifty 
years, since the foundation of the English colony there, 
a social order had been established and developed upon 
the basis of African slavery. As it was this which the 
Barbadians brought with them to Carolina, some account 
of its condition at this time will not here be out of place. 

Oldmixon tells us that the inhabitants of Barbadoes 

' Statutes of So. Ca, vol. II, 374. The new commissioners under this 
act were Hon. Charles Braun, Governor Arthur Middleton, Charles Hart, 
Colonel George Logan, and Colonel Hugh Grange. 


were ranked in three orders : Mixstei's, — who were either 
English, Scots, or Irish, with some few Dutch, French, 
and Portuguese Jews, — white servants, and slaves. The 
white servants were either by covenant or purchase; there 
were two sorts, — such as sold themselves in England, 
Scotland, or Ireland for four years or more, and such as 
were transported by the government of England for capi- 
tal crimes. The gentlemen of Barbadoes scorned, he says, 
to employ any of the latter sort until the late sickness — 
a pestilential distemper in 1692, supposed to have been 
introduced by soldiers returning from an expedition to 
the Leeward Islands, which swept away many of the 
people, including numbers of negroes — had reduced them 
to great want of hands. Of the other white servants, 
poor men's children whether driven thither by necessity 
or discontent, many, behaving themselves honestly and 
laboriously, had raised themselves, after their servitudes 
were over, to be masters of plantations. 

The masters, merchants, and planters lived like little 
sovereigns on their plantations : they had their servants 
of the household and those of the field ; their tables were 
spread every day with variety of nice dishes, and their 
attendants were more numerous than many of the nobility 
in England; their equipages were rich ; their liveries fine, 
their coaches and horses the same ; their chairs, chaises, 
and all the conveniences of their travelling magnificent. 
The most wealthy of them, besides their land equipages, 
had their pleasure boats to make the tour of the island in 
and sloops to convey their goods to and from the Bridge 
(Bridge Town). 

Their dress and that of their ladies was fashionable and 
courtly, and having been generally bred in London, their 
behavior was genteel and polite ; in which, says the 
author, they had the advantage of most of the country 

% ■'■ 


gentlemen of England, who, living at a distance from 
London, frequent the world very little, and from convers- 
ing always with their dogs, horses, and rude peasants 
acquire an air suitable to their society. The gentlemen 
of Barbadoes were civil, generous, hospitable, and very 

"In short," says Oldraixon, "the inhabitants of Barba- 
does live as plentifully and some of them as luxuriously as 
any in the world. They have everything that is requisite 
for pomp and luxury ; they are absolute lords of all things 
— life and limb of their servants excepted — within their 
own territory, and some of them have no less than 700 or 
800 negroes, who are themselves and their posterity their 
slaves forever." ^ 

James Anthony Froude, in his work on " The English 
in the West Indies," gives a similar description of the 
society of Barbadoes, taken from ^n account of P6re Labat, 
a French missionary who visited the island about the time 
of which we write. The contemporaneous descriptions of 
Labat of Barbadoes and Lawson of Carolina correspond in 
a remarkable manner. Lawson found no such brilliant 
jewellers and silveramith shops in Charles Town as Labat 
did in Bridge Town, for Barbadoes was much older and 
as yet much richer, but the society they describe is the 
same. The merchants of Carolina, says Lawson, are fair 
and frank tradei's. The gentlemen seated in the country 
are very courteous, live very nobly in their houses, and 
give very genteel entertainments to all strangers and 
others that come to visit them. Both seem equally struck 
with the well-disciplined militia, especially their hoi-se. 
In Bridge Town a review was held for Labat, in which 
500 gentlemen turned out, admirably mounted and armed. 

Lawson says that the horsemen in Carolina are mostly 

1 British Empire in Am., vol. II, 128. 


gentlemen and well mounted and the best in America. 
Their officers, both infantry and cavalry, generally appear 
in scarlet mountings as rich as in most regiments belong- 
ing to the Crown, which, he observes, shows the richness 
and grandeur of the colony. ^ 

The Barbadian settlers thus brought with them a colo- 
nial society already to a considerable degree formed, and 
with their slaves they brought the slave code as it existed 
in Barbadoes. Under this code the condition of the black ^ 
slave was only worse tlian that of the white servants be- 
cause their servitude was perpetual. Indeed, the negro 
slave had the great security that if he died his owner lost 
his pecuniary value ; whereas by the death of a white 
indented servant the loss was only that of two or three 
years' wages. The master was accordingly rendered more 
careful of his slaves than of hired servants. 

The Proprietors, as we have seen, had offered induce- 
ments to those who would bring out white servants, and 
others had been sent by the government, condemned to 
servitude as punishment for crimes or political offences. 
Owing, however, to the large numbers of negro slaves 
imported into the colony, not many white servants were 
induced to come of their own accord, and fortunately 
fewer criminals were sent to South Carolina than to other 

At the time of the settlement of Carolina negro slavery 
was a recognized institution in all the European colonies ; 
it was assumed that it would exist also in Carolina. Four 
of the Proprietoi-s of Carolina, — the Earl of Shaftesbury, 
Earl Craven, Sir George Carteret, and Sir Peter Col- 
leton, — Ralph Marshall and John Portman, who came out 
with Sayle, were members of the Royal African Company 

1 The English in the West Indies (Froude), 27; A New Voyage to 
Carolina (Lawson), 3. 


with James, then Duke of York, which was chartered and 
given the sole trade in slaves on the African coast.^ We 
find it provided by the philosopher Locke in his Constitu- 
tions that " every freeman of Carolina shall have absolute 
power and authority over his negro slaves of what opinion 
or religion soever." The significance of this provision 
was not in recognition of slavery as an institution of the 
province — that was assumed; nor yet in the absolute 
power it proposed to give to the freeman over his slave, 
great as that was, but in the last words, wherein it was in- 
tended to provide against the effect of the possible conver- 
sion and baptism of the negroes. A doubt had arisen and 
prevailed extensively upon this point. The idea was that 
as the enslavement of negroes was chiefly justified on the 
ground that they were heathen, upon their becoming 
Christians they would be released from bondage. It is 
curious to observe the effect of this scruple, which appears 
to have been honestly entertained. Some Christian mas- 
ters, rather than offend their consciences by holding fellow- 
Christians in slavery, withheld the Gospel from these 
people lest they might hear and believe and be converted, 
and become as one of themselves. We shall see hereafter 
how Church and State agreed in dispelling this idea.* 

The first statutory provision relating to slaves in Caro- 
lina was an act in 1686 prohibiting trading with them, 
either white or black, servants or slaves. The facility 
with which goods and provisions could be stolen by ser- 
vants and slaves having access at all times to their mas- 
ters' stores was the cause of this provision. No one was 
allowed to buy or sell, bargain or contract, with any of 

1 Calendar State Papers, Colonial (Sainsbury), 1669-74, 934. 

2 See article entitled '* Slavery in the Province of South Carolina, 
1670-1770,'' by Edward McCrady. Annual Report of the American Hist. 
A880., 1895, 631-673. 


them without their masters' privity and consent.^ The 
next, an act of 1687, related to white servants coming 
from Europe or other parts of America. To prevent 
frauds between masters and servants amving in the prov- 
ince without indentures or contracts, it provided that 
those coming from Europe under the age of ten years 
should serve .until they arrived at the age of twenty-one 
years ; under the age of fifteen years and above ten should 
serve seven years ; above the age of fifteen years should 
serve five years. A less time of service was prescribed 
for those coming from Barbadoes or other parts of Amer- 
ica.* In 1691 these acts were revised. Servants absent- 
ing themselves were required to serve additional time 
for every day of absence. On the other hand, it was pro- 
vided that if any master, under the pretext of correction, 
unreasonably whipped or abused a servant, the Grand 
Council might set such servant free or make such order 
as they should deem just ; so, too, the master was required 
to provide good and wholesome food for his servants under 

In the year 1688 two important enactments had been 
made in Barbadoes in regard to negro slaves. The first 
was an act of April 29, declaring negro slaves real estate 
and not chattels, — and providing that they should de- 
scend to the heir and widow of an intestate according 
to the manner and custom of lands of inheritance held 
in fee-simple.* The second was a revision of the slave 
code of the island of August 8th.^ These acts formed 
the basis of the first code upon the subject in South Caro- 

1 Statutes of So. Ca., vol. II, 22. 
. 2/6iU, 30. ^ Ibid., 62. 

♦ The Laws of Barbadoes, London, 1694 (Act No. 42), Library Hist. 
Soc., Penn. 

* Ibid., No. 82. 


lina. In 1690, in Sothell's administration, au act was 
passed, the di*aft of which was evidently made upon these 
Barbadian enactments. Indeed, the South Carolina statutes 
follow and adopt not only the main feature of these laws, 
but the phraseology as well.^ 

The provision in regard to the devolution of negro prop- 
erty, i.e. that in cases of intestacies it should descend as 
real estate, and not as personal property, was adopted in a 
modified form. After providing that all slaves should 
have convenient clothes, and that no slave should be freed 
by becoming a Christian, the statute went on to enact 
that slaves should not be resorted to in the first instance 
for the payment of debt, but only when other goods and 
chattels of the debtor were not sufficient to satisfy the 
demand of the creditor; that then only so many as were 
necessary for the purpose should be sold ; and that in the 
settlement of estates negroes and slaves should be ac- 
counted for e^s freehold. Negroes were nevertheless always 
returned as personal property in the inventories of intes- 
tates' estates, as the records of the Ordinary's office in 
Charleston abundantly show. This condition continued 
until 1740, when it was declared that negroes and Indian 
slaves should be reputed and adjudged in law to be chat- 
tels personal.* 

The principal other provisions of this code were the 
restriction of the slave to the limits of his master's planta- 
tion or premises except when accompanying the master, or 
with his ticket of leave in writing upon each occasion of 
his going abroad ; the severe punishment of slaves for the 

1 Statutes of So. Ca., vol. VII, 343, 344. 

2 Ibid., 347. 

Under the provisions of the revised code of 1705 of Virginia, the slave 
was also declared to be real estate unless held by a merchant who was 
seeking to sell him, in which case he was decided to be personalty. 
Bruce's Economic Hist, of Va., vol. II, 98. 


striking of a white man, extending to branding, burning 
mutilation, and even death upon repeated offences ; the 
arrest and commitment of runaways ; the constant search 
of the houses of slaves for arms, which they were not al- 
lowed to have, and for stolen goods ; the mode of trial of 
slaves for crimes and misdemeanors, i.e. by a court of two 
justices and three freeholders instead of by jury, and the 
punishments prescribed, which were not, in general, greater 
than those inflicted upon white men for similar offences. 

The worst feature of the code was the inadequate 
protection afforded by the terms of the statute to the life 
and limb of the slave. The provision in regard to this, 
was that if any slave, by punishment from the owner for 
running away or other offence, should suffer in life and 
limb, no person should be liable to the law for the same ; 
but if any one out of wilfulness, wantonness, or bloody- 
mindedness should kill a slave, upon conviction he should 
suffer three months' imprisonment and pay the sum of 
£60 to the owner; a servant killing a slave was to be 
whipped nine and thirty lashes, and to serve the master 
of the slave four years , a pei-son was not to be punished 
for killing a slave stealing in his house, if the slave 
refused to submit.^ These provisions practically placed 
the life or death of the slave in the hands of the master. 
But this terrible power was in a great measure neutralized 
and controlled by the master's interest. To kill or injure 
his slave, whether for doing so the master was punished 
or exculpated by the law, was to impose upon himself a 
pecuniary fine to the extent of the slave's value. The effec- 
tive motive of interest came into the protection of the 
negro's life. It has been pointed out that in Barbadoes 
under this law, while the blacks four times outnum- 
bered the whites, homicide among the whites, though 

1 Statutes of So. Ca, vol. VII, 343-347. 


of rare occurrence and punished in the same exemplary 
manner as at the Old Bailey, was of more frequent occur- 
rence than the murder of a slave by a freeman.^ 

Such were the main features of the slave code brought 
over by the Barbadians and adopted by the Carolinians. 
However harsh they may appear to the reader of the 
present day, it must be remembered that the penal codes 
under which white men then lived in England and else- 
where were scarcely less so.^ Granting the subordina- 
tion of slavery, the prohibition of slaves' going beyond 
the limits of their masters' plantations was no more than 
that applied to soldiers and sailors, whose liberties do not 
extend beyond the camp, barrack, or ship. So, too, in 
regard to the provision as to a slave striking a white man. 
" Is the soldier who fights the battle of his country and 
lifts his hand against his commanding officer," asks the 
historian of Barbadoes, "more criminal or punished with 
less severity than the audacious slave who strikes his 
master? Is the gallant sailor who upholds the nation's 
glory and protects it by his valor and prowess subject to 
a milder punishment, if in a moment of unguarded resent- 
ment he should strike the officer whose orders he is 
bound to obey? No; an ignominious death awaits the 
rash offender ; his former services are forgotten and he is 
consigned to a premature grave for his temerity, while the 
slave lives to repeat his crime and exult in his audacity."^ 

The scheme of the Court of Justices and Freeholders 
was taken also from the Barbadian act. And in regard 
to that statute it was observed that the form of trial it 
provided was in all respects competent to the administra- 
tion of justice, "and candid men," continues the author 

1 HisL of Barbadoes (Poyer), 134, 136. 

2 Blackstone's Com., vol. IV (Sliarswood ed.), 377. 
* The History of Barbadoes (Poyer), 138. 


just quoted, " may probably think that a tribunal consist- 
ing of two magistrates and three jurymen may be as 
capable of deciding justly as the military and naval 
courts martial which are allowed to decide upon the lives 
of freemen." ^ In this connection it may be remarked in 
passing that in the whole system of government brought 
over from Barbadoes, with its interwoven military organi- 
zation and slavery, there is a strong flavor and element of 
martial law — thus the chief executive ofiBcer of the court 
was not styled High Sheriff as Locke's Constitutions pro- 
posed, but Provost Marshal. 

1 The History of Barbadoes (Poyer), 140. 



During the first thirty years of the province, the poli- 
tics of the colony had turned upon the recognition or re- 
pudiation of the Fundamental Constitutions of Locke ; the 
terms and regulations of the grants of land ; the collection 
of quit-rents ; and on the one hand the determined strug- 
gle of the people in Carolina to control their own affairs, 
and on the other the languid efforts of the distant Pro- 
prietors, exerted in a desultory and careless manner, to 
maintain their authority. How impotent the Proprietors 
were, Sothell had shown when he assumed the govern- 
ment without his co-proprietors' consent and held it in 
defiance of their wishes until by his conduct he had dis- 
gusted the people whose cause he had assumed to espouse. 

The original colonists had passed away with the old 
century and new men appeared to control the political 
affairs of the province. 

The Fundamental Constitutions were soon to be practi- 
cally abandoned, save as a harmless amusement of the Pro- 
prietors in bestowing some few more provincial titles. But 
the colonists, more restless than ever under the inefficient 
rule of the Proprietors, were encouraged by the government 
at home to oppose it. With new men, new questions were 
to arise and new policies to be pursued; to end in the 
overthrow of the Proprietary Government and the surren- 
der of the charter. These questions and policies were all 



involved in those of the mother country, and to under- 
stand the coming events in Carolina, we must take a brief 
glance at the affairs in England out of which they grew. 

For Europe in general the Peace of Ryswick of 1697 
was little more than a truce, — a truce to end in the war 
of the Spanish succession. The accession of the Duke of 
Anjou, the grandson of Louis XIV, to the Crown of Spain 
might not, of itself, have aroused popular feeling in Eng- 
land to such an extent as to warrant William in declar- 
ing war, had not Louis XIV taken the occasion to expel 
the Dutch garrisons from the fortress of the Netherlands, 
which they had occupied since that treaty, and to replace 
them in February, 1701, by French troops. The people of 
England at this time were utterly averse to war. But 
bitter as the strife was between Whig and Tory, there 
were two things upon which Whig and Tory were agreed: 
neither would suffer France to occupy the Spanish 
Netherlands; neither would endure a French attack on 
the Protestant succession which the Revolution of 1688 
had established. The seizure of the Dutch barrier, and the 
disclosure of a new Jacobite plot, brought the Parliament 
of 1701, a Parliament mainly of Tories, at once to William's 
support in his demand for a withdrawal of the French. 
While England was still clinging desperately to the hope 
of peace, Louis, who had acknowledged William as King 
and pledged himself to oppose all attacks on his throne, 
in September, 1701, entered the bedchamber at St. Ger- 
main's where James the Second was breathing his last, and 
promised to acknowledge his son, at his death, as King of 
England, Scotland, and Ireland. This act of the French 
King put an end to any question between Whig and Tory. 
Every Englishman supported William in his open resent- 
ment of the insult. The Grand Alliance was formed 
September, 1701, against France and Spain ; and the new 


Parliament, which met in 1702, though still Tory, was now 
BB much for war as the Whigs — an army was immediately 
raised, and Marlborough was sent with it to Flanders. 
William died on the 8th of March, 1702, and upon tiie 
accession of Anne war was at once begun. 

The victory of Blenheim, on the 13th of August, 1704, 
aided to bring about a great change in the political aspect 
of afiFairs. The Tories, who were now in power, were 
pressing hard the defeated Whigs; the Whigs, however, 
still controlled the House of Lords. But the Tories, if 
willing to support the war abroad, were resolved to use 
the accession of a Stuart, or Queen Anne, to secure their 
own power at home. They resolved, therefore, to make a 
fresh attempt to create a permanent Tory majority in the 
Commons by excluding nonconformists from the munici- 
))ftl corix)rations which returned the bulk of the borough 
rnemljers, whose political tendencies were, for the most 
|;art, Whig. The test which prevailed, of receiving the 
iia/;rament according to the ritual of the Church of Eng- 
land, effective as it was against Roman Catholics, was not 
mt against Protestant dissenters, who evaded it by par- 
inking of the communion in a church once in a year, and 
^iiJukjquently attending their own chapels ; in doing which, 
ihay were protected by the Toleration Act. This was 
r^alh^d "occasional conformity"; and it was against this 
\fnu*XUt(i that the Tories introduced a test which, by exclud- 
injf the nonconformists, would have given them the com- 
mmiil of the l>oroughs. But it was rejected by the Whig 
tlouHit of Ij<)T(Ih as often as it was sent up to them.^ 

'VUitHti great affairs in Europe were all reflected in 
America, and the course of events in Carolina closely 
fiMowtd tlioHe in England. 

Among the leaders who now appeared were some of 

» Green'H Higt. of the English People^ vol. IV, 70-99. 


great ability. Moore and Daniel, though not among the 
first settlers, had each been in the province for some years 
and had already taken an active part in its affairs. The 
more recent comers who were to be prominent in the 
stirring events to follow were Sir Nathaniel Johnson, 
Nicholas Trott, William Rhett, Edmund Bellinger, and 
John Barnwell. 

With James Moore we have already had some casual 
acquaintance as one of the leaders of the opposition to 
Colleton, and whom, with Robert Daniel, the Proprietors 
excluded from their pardon, and more lately as an ad- 
venturous explorer of the province, who, though again in 
the Council of the Proprietors, was ready, according to 
Randolph, to betray their interest. But Randolph, it must 
be remembered, was reckless in his charges against the 
best of the colonists, not only in Carolina, but in every 
other province. This James Moore was supposed to be 
the son of Roger -Moore, one of the leaders of the rebellion 
in Ireland in 1641, and an inheritor of the rebellious blood 
of his sire. He had married a daughter of Sir John 
Yeamans, by whom he had a large family.^ He was one 
of "the Goose Creek men" against whom Ludwell had 
been warned. 

Robert Daniel had come from Barbadoes in 1679. He 
had first appeared in the struggle against Colleton in 
1680; and though, with Moore, he had been excluded 
from the Proprietors' pardon, had so recovered his posi- 
tion with their Lordships that we find him in 1698 in 
London in conference with them upon a new set of 
Constitutions for the regulation of the government, and 
coming back bringing not only these new Constitutions, 
but a patent appointing him Landgrave. 

Sir Nathaniel Johnson was altogether the person of 

' Wheeler's Reminiscences of No. Ca.y 49. 


highest position who had yet come into the province. 
He was of Keeblesworth, in the bishopric of Durham, 
had been a distinguished soldier and a member of Parlia^ 
ment. He was a faithful follower and supporter of the 
Stuarts, and at the time of the abdication of James II 
was Governor of the Leeward Islands, residing at Nevis, 
then the most flourishing of that group of islands. Re- 
fusing to take the oaths to William and Mary, he had 
been removed from his position, and had come to Caro- 
lina.^ Here he had devoted himself to the development 
of industries in the province, especially, as we have 
seen, to the making of silk, and had also greatly encour- 
aged the planters in the cultivation of rice and other 
agricultural experiments. These enterprises and his mili- 
tary character had given him great popularity. For some 
reason, it has appeared, he was viewed with jealousy by 
the Proprietors upon his first coming into the province. 

Nicholas Trott ^ was a lawyer of LondoQ of great learn- 
ing and unbounded ambition, and withal of little prin- 
ciple. He had been sent by the Proprietors of Carolina 
to Providence (now Nassau), one of the Bahama Islands 
within their grant, to supplant Cadwallader Jones, the 
Governor there, against whom there were charges of mis- 
governraent and high treason. Randolph accused Trott 
of harboring and encouraging pirates, as Jones, he 
charged, had done before him. But this was Randolph's 
common charge against all the Governors of the colonies. 
Trott was, however, also complained of to King William 
because of his arbitrary conduct, but he remained Gov- 

^ British Empire in Am.^ vol. II, 198, 244. 

2 *' The Trotts of Beccles were worshipful men in the time of Charles 
the first. Mathew Trott was register of the Court of the Commissary of 
Suffolk and a Nicholas Trott had the living of Ringsfield in 1668." — 
Introductory Memoir to the Diary and Autobiography of Edmund Bohun, 
Esq., xxvi. 


emor of Providence until 1697, when he was recalled,^ 
and upon his return to England was appointed Attorney 
General of Carolina, to which place he came in ] 698. 

William Rhett is said to have been born in London 
in 1666, and to have come to Carolina in 1694 with his 
wife and one child.* He was a seaman, for we find on 
record a power of attorney, dated September 7, 1699, 
from John and Nicholas Trott of London to Governor 
Blake and others in Carolina, to collect from Captain 
William Rhett "all such sums of money goods wares 
merchandise negro slaves, gold, elephants teeth wax effects 
and things whatsoever" which the said Captain William 
Rhett had in his hands " on account of their being part 
owners of the ship Providence burthen 150 tons, whereof 
the said William Rhett is commander."^ Rhett was a 
man of violent temper, but of great courage and ability, 
and was to render the colony the most brilliant services. 

Daniel, Johnson, Trott, and Rhett were all strong and 
high churchmen. Edmund Bellinger first appears as deputy 
of Thomas Amy in 1697, then as Surveyor General and 
Landgrave in 1698; having with Robert Daniel been in 
London the latter year in consultation with the Proprietors 
upon the last draft of the Constitutions.* John Barnwell 
was a gentleman of Dublin, of influential connections, who 
had come to Carolina led by a spirit of adventure, and 
soon became the Deputy Secretary of the colony. 

Possessed of great abilities and clothed with extensive 
powers, Mr. Trott came recommended especially to Gov- 
ernor Blake, and immediately attained an influential posi- 

1 BHti8h Empire in Am., vol. I, 476, vol. II, 428-430; Colonial Rec- 
ords of No. Ca.y vol. I, 460. 

2 Ramsay's HUit. of So. Ca., vol. II, 507. 

• Probate ottico, Charle.stoii, Book Miscellaneous Records, 1604-1704. 

* Coll. Hist. Soc. of So. Ca., vol. I, 144, 146. 



tion. Notwithstanding his official character as Attorney 
General under the Proprietors, he appears to have been 
elected to the Assembly as representing the " country 
part)'^" as it was teiined, that is, the party of dissenters 
who were principally located in Colleton County. Here 
he at once exhibited the antagonism which marked his 
subsequent career. The Governor and Council on the 
one hand, and the Assembly or House of Commons on the 
other, had now separated and sat in distinct houses, com- 
municating with each other by messengers and committees 
of conference. In a conference of committees from the 
Council and Assembly February 19, 1700, on a bill regu- 
lating the Court of Admiralty, Governor Blake, who pre- 
sided, was insisting upon a certain point when Mr. Trott 
interrupted him with the remark : '^ With submission to 
your honor, you are too fast; we are not come to that 
point yet," and without disclaiming an intention to offend, 
declared in reply to such a charge his right to freedom of 
speech, since he recognized Mr. Blake, in this instance, 
only as one of a committee, and not in his character of a 
Proprietor and Governor of the province. The confer- 
ence was dissolved, and Blake refused to meet the com- 
mittee again if Trott should be present. The matter was 
referred to the Assembly, and they resolved " that any 
manager appointed by this house have freedom of speech 
as it is their undoubted right." ^ In this fii*st con- 
troversy, however rude Trott may have been, and negli- 
gent of the courtesy due the Governor, it cannot be 
questioned that the Assembly was right in standing up to 
its representative on a committee of conference. If the 
Governor had condescended to act as one of such a com- 
mittee on the part of the Council, he should not have 
expected to carry there the overawing dignity of his official 

1 Hist. Sketches of So. Ca. (Rivers), 102. 


character. He was there, as the Assembly correctly held, 
merely as one of his Council, with whom their representa- 
tive had the right freely to discuss the matter in hand 
unembarrassed by the official character of the Governor. 

Another question now also arose between the Governor 
and his Council on the one side and the Assembly on the 
other. Upon the death of Mr. Ely, the Receiver General, 
the Governor and Council claimed the privilege of nomi- 
nating his successor until the pleasure of the Proprietors 
was known. The Assembly, on the other hand, insisted 
that it belonged to them. This occasioned several mes- 
sages between the two houses, and much altercation en- 
sued. The Upper House appointed the man of their 
choice ; the Lower House resolved that the person so 
appointed was no public receiver, and that whoever should 
presume to pay money to him as such, should be deemed 
an infringer of the Assembly and an enemy of the coun- 
try. Trott now made the point that the Governor and 
Council could not be called an Upper House, though they 
thus styled themselves, as they differed in the most essen- 
tial circumstances from the House of Lords in England, 
and persuaded the Assembly to call them "the Proprietors' 
deputies." This question, as to the character of the Gov- 
ernor's Councils in the enactment of laws, thus started, con- 
tinued not only through the Proprietary, but through 
the Royal Government as well, and was the subject of a 
bitter controversy between William Henry Drayton and 
Sir Egerton Leigh, when the Revolution of 1776 put an 
end to the discussion. But in the end, as at the begin- 
ning, it was one more of the name or title of the body 
than one of substance. The Governor and Council, from 
an early period to the end of the Royal Government, sat as 
a separate body, without the consent of which no law 
could be passed. Trott himself had first recognized it as 


such when, as a member of a committee of conference, he 
had met a like committee of the Council. His conduct 
to Governor Blake was justifiable, if at all, only on that 
very ground — and on no other. 

But Trott had already given other cause of offence. 
He was not only Attorney General, but was naval oflBcer 
as well, and had incurred Governor Blake's displeasure 
because of his alleged partiality as the prosecuting officer 
of the port, and upon this charge Blake suspended him 
from exercising the function of either office.^ Randolph, 
the King's Collector of Customs, however, who had not 
long before reported the Bahama Islands as under Trott's 
administration a common retreat for pirates, now espouses 
his cause and writes to the Lords Commissioners of 
Trade charging a conspiracy between Governor Blake, 
his brother-in-law Morton, the Judge of Admiralty, and 
Logan and Bellinger, in seizing and condemning vessels, 
and buying them in upon sale at half their value; and 
declares that Nicholas Trott was turned out of his place 
— though he had the commission of his Majesty's customs 
as well as that of the Proprietora — because he was dili- 
gent and faithful to his trust, and to make room for a 
creature of the Governor.^ 

At this juncture at the close of the year 1700,^ Governor 
Blake died, and Trott had no difficulty in persuading the 
next Assembly to resolve that there were no sufficient rea- 
sons for his suspension and to request his reinstatement, 
which was granted, though with some reluctance by his 
friend, the successor of Blake ; this hesitation was occa- 
sioned, it was charged, by Trott's opposition to too flagrant 

' Hist. Sketches of So. Ca. (Rivers), 102. 

a Coll Hist. Soc. of So. Ca., vol. I, 216, 216 ; Colonial Records of No. 
Ca.t vol. I, 646. 

« Hewatt's Hist, of So, Ca., vol. I, 144. 


a scheme of the new Governor to turn to his private advan- 
tage the emoluments of the Indian trade.^ 

Upon the death of Blake, Joseph Morton, as the eldest 
Landgrave present, was entitled to the administration 
under the Fundamental Constitutions, and whether these 
Constitutions were or were not binding, a majority of the 
Council then present elected Morton until the pleasure of 
the Proprietors could be known. But James Moore, who 
was one of the body, objected to Morton's election upon the 
ground that he was ineligible, as he held an office under the 
King, i.e. Judge of Admiralty. To this objection it was 
answered by Mr. Morton's friends, " That it did not appear 
by the charter, the Proprietaries can empower any one to try 
persons for acts committed out of their dominions which is 
necessary for a judge." And that us it was necessary that 
some one in the colony should possess the power, it should 
not disqualify Mr. Morton from being Governor as well 
while he was Judge. The objection, however, prevailed. 
Morton was set aside, and Moore was chosen. Morton 
complained to the Proprietors, but their Lordships did not 
interfere in his behalf.'^ Indeed, they had themselves, the 
year before, expressed surprise that Morton, holding the 
commission as Judge of Admiralty, should have taken 
another, though from the King ; ^ and were probably not 
displeased that he had suffered for it without their own 
action. Morton does not appear ever to have been a favor- 
ite with the Proprietors. They had made him a Land- 
grave and Governor in 1682 for bringing out a number of 
immigrants, but they had been very curt to him in their 
communications, and had soon sent out a stranger to 

1 Hist. Sketches of So. Ca. (Rivers), 192. 

aOldmixon, British Empire in Am., vol. I, 474; Carroirs Coll.^ vol. 
II, 418 ; Hist. Sketches of So. Ca. (Rivera), 194. 
3 Public Records of So, Ca., vol. IV, 100. 


relieve him. He had before been chosen by the Council 
in an emergency, upon the retirement of Governor West 
in 1685, but had again been promptly relieved by the 
Proprietors, who sent out Colleton instead in 1686. Had 
the Proprietors known that Moore had been endeavoring 
to betray their interests to the King through Randolph, 
they may perhaps have overlooked Morton's taking a 
commission from his Majesty, and have allowed him to 
serve for a while as Governor for a third time. 

Moore is said at this time to have been in great debt and 
pecuniary want, and determined if possible to improve his 
despemte circumstances during his lease of power, which he 
apprehended would be of but short duration. He designed, 
therefore, to make a considerable profit out of the Indian 
trade while he had the opportunity, and for the purpose 
had a bill brought into the Assembly for regulating that 
business, which, had it passed, would have given him a mo- 
nopoly. But Trott, by his astuteness, saw at once through 
the scheme and, for purposes of his own, defeated it. Upon 
this, Moore, finding the Assembly not amenable to his 
designs, dissolved it. 

A new Assembly was called and every exertion was made 
to control its composition. The election took place in 
November, 1701, and the dissenters of Colleton County 
charged that unqualified aliens, i,e, French Protestants, 
8trangei*s, paupera, servants, and even free negroes, were 
allowed to vote. As soon as the Assembly met, peti- 
tions were presented by the defeated candidates praying 
to be heard against the validity of the Sheriff's returns. 
The Assembly, most of whom were incorruptible, and ap- 
parently not under Moore's control, promptly resolved 
to enter into an immediate investigation. To prevent this 
they were prorogued from time to time. Being sum- 
moned in April, 1702, the busiest time with plantei-s, they 


met and adjourned till the 5th of May. This Governor 
Moore angrily imputed to a greater i^egard to private than 
to the public welfare, and prorogued them till August.^ 

In the intervals reports were circulated that Colonel 
Daniel had instigated Moore to proclaim martial law if 
the Assembly should continue to exliibit a refractory spirit, 
and when the Assembly met recrimination immediately be- 
gan. If the public welfare had required their counsels, 
why had the Governor through pique prorogued them till 
August? Was it that he designed to menace them with 
coercion ? " Oh, how is the sacred law profaned," it was 
said, " when joined with martial ! Have you forgotten 
your honor's own noble endeavor to vindicate our liberties 
when Colleton set up his arbitrary rule ? " ^ 

Before the prorogation of the Assembly, Mr. Trott and 
Mr. Higginton had been appointed a committee to super- 
vise the last set of Constitutions sent out by the Proprietors 
with Colonel Daniel. On the 10th of August, 1702, these 
gentlemen made this incoherent report:^ — 

" That the constitutions of which we are to consider make and set 
up an estate different and distinguished from the Lords Proprietors, 
and the Common's House without whose consent no law shall or may 
be enacted, which is called in the said constitutions the upper house, 
consisting of the Landgraves and Casiques who being created by their 
Lordships* second letters patents are also a middle state between the 
Lords and the Commons; which constitution we cannot find that it 
anywayes contradicts the said Charter. 

" We find that the 22d article in the said Constitutions manifestly in- 
terferes with our Jury acts now in force ; That all other articles in the 
constitutions are as neare and agreable as may be to the said charter 
or at least no wayes repugnant to it." 

In this inconsistent and contradictory report, Trott 

1 Hist. Sketches of So. Ca. (Rivers), 196. 

2 Ibid. 

' Statutes of So. Ca., vol. I, 41 ; MSS. Journal. 


points out that the Constitutions made and set up an 
estate consisting of Landgraves and Caciques, called an 
Upper House, without the consent of the Commons House, 
without which no law could be enacted under the charter ; 
and yet i-eports that the committee cannot find that the 
Constitutions anyways contradict that instrument. That 
one of the articles of the Constitutions interfere with the 
jury acts ; but all other articles are as near and agreeable 
to the charter as may be, or at least not repugnant to it. 
What is the meaning of this ? The implication is that if 
the Constitutions are inconsistent with the jury act, the 
Constitutions must give way ; and yet, though contradict- 
ing the charter in setting up a third estate without the 
consent of the Commons, they are not repugnant to it. 

This was his formal report ; but the dissenters of Colle- 
ton, in an address, complained to the Proprietors that when 
the House came to consider the Constitutions, " they were 
opposed by Mr. Trott & Mr. Howes and others, the said 
Governor's creatures & several reflectory words used by 
the said Trott ^ Howes concerning them, exposing the 
constitutions as ridiculous and void in themselves ; thereby 
endeavoring (notwithstanding Your Lordship's care of us) 
to keep the people in an unsettled condition, that from 
time to time they might the more easily be imposed on by 
them." 1 

It is as difficult to suppress a smile upon reading the 
address of the dissenters of Colleton on the one hand, as 
upon reading the sophistical report of Trott on the other. 
Trott's insincerity was equalled by that of the address. 
Could the Proprietors really believe that the dissenters 
were now in earnest in desiring the imposition of the 
Fundamental Constitutions, which they had so persistently 

1 "Address of Members of Colleton Co.," Hist. Sketches of So. Ca. 
(Rivers), Appendix, 467. 


resisted, and which Constitutions, while professing religious 
freedom, prescribed that the General Assembly should 
take care of the building of churches and the public 
maintenance of divines of the Church of England, " which 
being the only true and orthodox, and the national religion 
of all the King's dominion, is also of Carolina," etc. 

The proceedings of the House upon the reports are 
scarcely less contradictory than the report itself. The 
day after it had been presented, the House entered into a 
debate upon it, and ordered the Constitutions themselves 
to be read. Then the question was raised as to the effect 
of the deaths of the Proprietors who had signed them. 
"The question is put whether the house is of opinion that 
the constitutions now before us are valid, being enacted 
by us since severall of the proprietors are dead who signed 
the same. Carried in the affirmative." ^ It is not easy to 
understand this entry, as none of the Constitutions had 
ever been enacted by the Assembly; and but one of the 
Pi'oprietors who signed the last set brought out by Colonel 
Daniel had since died, i,e. the Earl of Bath. It was then 
"ordered that the said constitutions be read again, and de- 
bated paragraph by paragraph to morrow morning." They 
were accordingly so read and debated the next day, Sep- 
tember 1, whereupon the House refused to order them to 
a second reading.^ 

When Sir Nathaniel Johnson was made Governor the 
year after, he was instructed to obtain, if he could, the 
assent of the Assembly to such parts of the Constitutions 
as he should deem advisable. But nothing more was done 
in the matter, and this was practically the last of the 
famous Fundamental Laws proposed by Locke, except the 
occasional appointment of Landgraves or Caciques. 

In the midst of these discussions the doors of the As- 

1 Statutes of So. Ca., vol. I, 42. » Ibid, 


sembly were suddenly closed, and when they were opened, 
an act was passed for raising the sum of £2000 for carry- 
ing on an expedition against St. Augustine, ^^and for 
appointing the number of men and ships to be made use 
of, and the manner and method of going against the said 
place." ^ Our only account of what took place in this 
secret session is that given in a paper from which quota- 
tion has already been made, purporting to be a " Repre- 
sentation and Address " of several members returned for 
Colleton County and other inhabitants of the province, 
"and signed by 150 of the principal inhabitants." The 
paper is an address to the Lords Proprietors, complaining 
of the Governor generally, and especially of their treat- 
ment in a riot which ensued upon the withdrawal of the 
Colleton members from the Assembly. It is loosely and 
crudely di*awn, is inaccurate in its statements, and reck- 
less in its imputations of motives. Oldmixon, the author 
of The British Umpire in America^ however, unhesitatingly 
adopts its account, and warmly espouses its cause; and 
in this he has been followed, more or less, by other histo- 
rians.2 But, though claiming to be a churchman, Old- 
mixon was a member of the Blake family, as a tutor, and 
was a thorough partisan of the interest of which that 
family was the head. 

The address charges that the expedition was set on foot 
by the Governor and his adherents for no other purpose 
than catching and making slaves of Indians for private 
advantage ; that for this purpose the Governor had be- 
fore granted commissions to Anthony Dodsworth, Robert 
Mackoone, and others to kill, destroy, and capture as many 
Indians as they possibly could, the profit and produce of 

1 Statutes, vol. II, 189. 

2 British Empire in Am., vol. I, 476 ; HewatVs Hist of So. Ca., vol. I, 
162 ; Hist. Sketches of So. Ca. (Rivers), 199, 


which capture of Indians were to be turned to the Gov- 
ernor's private account. That if any one in the Assembly 
undertook to speak against the expedition, and to show 
how unprepared the colonists were at that time for such 
an attempt, he was reviled and affronted as an enemy 
and traitor to his country .^ 

It is not at all improbable that the debate in the Assem- 
bly was conducted with warmth, and caused great excite- 
ment. It may well be imagined that strong and bitter 
words were used against those who were opposing the ex- 
pedition, especially if in their opposition they had been 
bold enough to impute the motives to the Governor, with 
which they afterwards charged him in their address to the 
Proprietors. We remember how bitterly all the colonists 
had resented the suppression by Colleton of the expedition 
in 1686, as contrary to the honor of the English nation. 
They had been prevented and forbidden, at that time, from 
an attempt upon the Spanish post, because it was said Eng- 
land and Spain were nominally at peace. But that reason 
did not now exist. "Queen Anne's War" had actually 
begun, and that alone presented an opportunity of striking 
a blow at that pestilential spot held by mongrel Spaniards, 
as a constant threat to the provinces. 

But the cause of war upon St. Augustine at this time 
was much greater and more immediate than the mere fact 
of hostilities between England and Spain ; and that cause 
was not alluded to in the address of the Colleton party. 
In the report of a committee of the Commons upon Ogle- 
thorpe's expedition, made forty years after the events we 
are now considering, a sketch is given of two previous 
invasions of Carolina from St. Augustine, and in this 
sketch we find the occasion of the present movement 
against that place. From this report it appears that in 

1 Hist. Sketches of So. Ca. (Rivers), Appendix, 466. 


1702, before Queen Anne's declaration of war was known 
in the province, the Spaniards had formed the design 
again to fall upon the Carolina settlement by land at 
the head of 900 Apalatchee Indians. The Creek Indians, 
in friendship with the Carolinians, coming to a know- 
ledge of this intended invasion, informed the traders, 
but not before the Spaniards' expedition was on its march. 
The Carolina traders, instead of retreating, however, 
roused the Creeks to resistance and, collecting 500 
men, headed them, and went out to meet the invaders. 
The hostile parties met one evening on the side 
of Flint River, a branch of the Chattahoochee, in 
Georgia. In the morning just before daybreak, at an 
hour when Indians were accustomed to make their attacks, 
the Creeks, stirring up their fires, drew back at a little 
distance, leaving their blankets by the fires in the order 
in which they had slept. As was expected, the Spaniards 
and Apalatcheans, coming to the attack, ran in and fired 
upon the blankets, whereupon the Creeks, rushing forth 
from their retreat, fell on them, killed, and took the greater 
part, entirely routing thera.^ It was upon this provoca- 
tion and renewed invasion by the Spaniards, that it was 
deemed best to take the offensive and to endeavor, if 
possible, to wipe out this constant source of menace and 
danger to the province. 

Rivers suggests that it is reasonable to suppose that 
there was some connection between this affair and the 
charge against the Governor of granting to irresponsible 
persons the power to set upon Indians who were not in 
open hostility against the colonists.^ 

Whatever opposition to the expedition was made in the 
Assembly was soon overcome, and £2000 were voted to 

1 Carroirs CoU,, vol. II, 348. 

2 Hist. Sketches of So. Ca, (Rivers), 199, 200. 


carry it out. It was agreed to raise 600 provincial militia, 
an equal number of Indians, and ten vessels for the ex- 
pedition. Port Royal was the place of rendezvous, and 
thence in September, 1702, the Governor at the head of 
his little army embarked. 

In the plan of operation it had been agreed that Colonel 
Daniel, with a detached party, should go by the inland 
passage and make a descent upon the town from the land, 
while the Governor should proceed by sea and block up 
the harbor. The precautions to keep the matter secret had 
been unavailing. The inhabitants of St. Augustine heard 
of it and sent at once to Havana for reinforcements. 
Retreating to their castle with their most valuable effects, 
and provisions for four months, they abandoned the town 
to the Carolinians. Colonel Daniel, proceeding by land 
to the St. John's River, going down that river in small 
boats and landing on the east bank in the rear of St. 
Augustine, took the villages of St. John's and St. Mary's, 
and arrived first at the point of attack. He had pillaged 
the town before the fleet arrived. The Governor now 
entered the harbor, landed his forces, made the church his 
quarters, and laid siege to the castle, which was sur- 
rounded by a deep moat ; but, unfortunately, he was unpro- 
vided with suitable artillery for a siege. He held the 
town for a month and dispatched a sloop to Jamaica for 
mortars and bombs ; but the commander of the vessel, 
either from fear or treachery, instead of going thither, 
came to Carolina. Remaining here for some time until 
shamed by the offer of others to go instead, he reluctantly 
proceeded again on his mission. The Governor all the 
while lay before the castle awaiting the return of the 
sloop with the guns ; hearing nothing of it. Colonel Daniel, 
who was the life of the expedition, set sail himself for 


Having with great expedition procured a supply of 
bombs, he sailed again for St. Augustine ; but in the mean- 
time, during his absence, two ships had appeared in the 
offing, which Governor Moore took to be men-of-war, and 
incontinently raised the siege, abandoned his ships with 
all the stores, ammunition, and provisions to the enemy, 
while he retreated to Carolina by land. The two men-of- 
war that appeared to the Governor so formidable proved to 
be two small frigates, one of twenty-two and the other of 
sixteen guns. Colonel Daniel, thus abandoned on his re- 
turn from Jamaica, with difficulty escaped capture. He 
was chased, but got away. The Carolinians lost but two 
men ; but the expedition entailed a heavy expense upon the 
colony. It incurred a debt of J66000,^ probably equal to 
$120,000 in present currency.* 

The Assembly had been under prorogation during the 
Governor's absence ; and when he returned it met, January, 
1703. The courage and conduct of Colonel Daniel were 
highly praised, but the Governor was thanked reluctantly, 
and not without dissent, especially from Mr. Ash. 

Though greatly disappointed at the result of the expe- 
dition, the invasion of Florida was not abandoned. A 
majority of the Assembly began at once to enter upon a 
more extensive plan for the reduction not only of St. 
Augustine, but of Pensacola and other Spanish strongholds 
as well. A brigantine was offered to Colonel Daniel to 
cruise on the coast of Florida. The Assembly also offered 
to supply with provisions a frigate if one should be sent 
from England to cruise on their coast. Colonel Daniel 

1 British Empire in Am., vol. I, 476-478 ; Carroirs Coll, vol. II, 422- 
424 ; Hewatt's Hist, of So. Ca., vol. 1, 162-165 ; Hist. Sketches of So. Ca. 
(Rivers), 199-201, Appendix, 466. 

2 This is estimating the value of the pound sterling as before ; but this 
value was fluctuating, and the value of money gradually lessening. 


having declined the command of the brigantine, it was 
offered to Captain William Rhett. But before another 
invasion was undertaken, it was considered best to pay for 
the last, against which many citizens had just claims. 
After considemble delay, caused by the investigation of 
the committees, two bills were introduced, one laying an 
imposition on skins, furs, liquors, and other goods and mer- 
chandise imported into and exported out of the province, 
for raising a fund towards defraying the general charges 
and expenses of the province and paying the debts due 
for the expedition against St. Augustine, and the other for 
raising J64000 in addition to the £2000 which it had at first 
been estimated would cover the expenses of the expedition. 
This sum was to be raised by a direct tax upon real and 
personal estates, and bills of credit were to be issued. 
The first of these measures, which was adopted on the 
6th of May, 1703, is remarkable for a provision imposing 
a duty of twenty shillings a head on every negro slave 
(children under eight years old excepted) imported from 
the West Indies, or any other place but Africa, and sold 
in the province ; and ten shillings per head on all such 
imported from Africa.^ This was the first tax imposed 
upon the importation of negroes. The bill to raise the 
additional sum of X4000 created great astonishment and 
gave opportunity to the disaffected for a renewal of their 
opposition. To fill up the measure of their discontent, a 
bill twice passed by the House for regulating elections 
being sent to the Governor and Council for concurrence 
was summarily rejected, without, as usual, inviting a con- 
ference. Upon this, several — Oldmixon says fifteen out 
of thirty members who constituted the House — entered 
their protest under the instructions of those who sent them, 
they said, and left the House. But this they appear to 

i Statutes of So. Ca., vol. II, 201. 


have done more by way of threat than with an intention 
of permanent withdmwal ; for the very next day, without 
any invitation to return, they all came back and offered 
to resume their seats if the rest of the Assembly would 
join them in the assertion of their rights. The remaining 
members of the Assembly, however, had taken them at 
their word, and instead of welcoming them back, the pro- 
testing members complained that they were abused, reviled, 
and treated with the most scandalous reflections, very un- 
becoming, they observe, of an Assembly. The House, how- 
ever, could not make a quorum without them, and so were 
obliged to adjourn. 

The Colleton members had, by their own showing, so 
far behaved in a weak, undignified, and unmanly manner. 
They had begun by making the most injurious charges 
against the honesty of the Governor and Council, imput- 
ing the most scandalous motives, holding back when the 
welfare and safety of the province demanded the most 
earnest support of the expedition against St. Augustine, 
resisting the enfranchisement of the French while making 
new demands for their own privileges ; then because they 
could not have their own way, they had withdrawn from 
the house, and immediately changing their minds had 
come back, begging to be received again. It is almost piti- 
ful to read their whining complaint to the Lords Proprie- 
tors. They wrote : — 

" And we further represent to your Lordships that a day or two 
after such abuse was given to them in the house several of the said 
members viz : the said John Ash — Landgrave Thomas Smith ^ and others 

* Thomas Smith, the second son of Thomas Smith, the Landgrave, who 
died in 1692. 'ITiis Thomas Smith, Mrs. Poyaa says, was bom in England 
in 1670, and was brought over when a few months old. He was called the 
♦♦little Englishman." The Olden Time of Carolina, 18. But this, we 
have been informed, is a mistake. He was born in Madagascar, where 
bis father lived before he came to South Carolina. 


were assaulted & set upon in the open street without any provocation 
or affront by them given or offered. The said Thomas Smith was set 
upon by Lieut Col : George Denr$hy who with his drawn sword and 
the point held at the said Smiths belly swore he would kill him, and 
if he had not been prevented would have done the said Smith some 
considerable mischief to the endangering of his life. The said John 
A$k walking along the Street was assaulted by a rude drunken un- 
governable rabble headed encouraged & abbetted by the said Dearshy 
Thomas Dalton Nicholas Nary and other persons Inhabitants who set 
upon the said Ash and used him villaiiously & barbarously ; and that 
evening when he the said Ash was retired into a friends chamber for 
security the same armed multitude came to the House where the 
said Ash was & demanded him down assuring him at the same time 
that they would do him no hurt, but only wanted to discourse with 
him; upon which assurance he came down to them who notwith- 
stand'g being encouraged and assisted by Captain Rhett & others drew 
him on board his the said Rhetts ship revilling him & threatening 
him as they dragged him along ; and having gotten him on board the 
said Rhetts ship they sometimes told him they would carry him to 
Jamaica at other times they threatened to hang him or leave him on 
some remote Island.*' 

They complained that the Governor was cognizant of 
the riot, treated many persons engaged in it to drink, and 
gave them great encouragement, telling them "that the 
protesting members would bring the people on their heads 
for neglecting to pay the country's debts ; which if it should 
happen he knew not who could blame them," etc. ; that 
while the riot continued, which it did for four or five days, 
Landgrave Edmund Bellinger, who was a Justice of the 
Peace, was the only official who attempted to do his duty ; 
and that for so doing Captain Rhett had beat him over the 
head with his cane ; that during the riot a woman, the wife 
of a butcher, was thrown down, miscarried and brought forth 
a dead child ; that when Ash, Smith, Byres, and Boone com- 
plained to the Governor, they received no other satisfaction 
than that '' it was a business for a Justice of the Peace.'* ^ 

» Hist. Sketches of So. Ca. (Rivers), Appendix, 469. 


And so undoubtedly it was. There was, no doubt, a 
riot caused by the indignation of the people against the 
protesting members, who, to carry an election law they 
desired for the exclusion of the French, to prevent the 
payment of the claims arising from the expedition to St. 
Augustine, and to prevent the sending another expedition 
to destroy that stronghold of the inveterate enemy of the 
pommunity, had broken the quorum of the House. For 
their own political ends, they had thwarted the purposes of 
the people in a matter vitally affecting their safety. And 
yet in the terrible riot that occurred, nobody had been seri- 
ously hurt, unless it was the woman who had been acci- 
dentally thrown down in opening a door. 

To sum up the casualties. Landgrave Smith had had 
a sword pointed at him, Landgrave Bellinger had re- 
ceived a whack across his head, and Thomas Ash had 
been tussled into a boat and frightened into believing 
that he was to be sent to Jamaica. 

There was no court held in Charles Town after the riot, 
until Moore was superseded and transferred to his new 
office, that of Attorney General ; and it was scarcely to 
be expected that under the circumstances he would have 
been vigorous in the prosecution of the riotei'S. Bellinger 
did, nevertheless, lay a record of the events before the 
gi-and jury, but no presentment was made. Neither the 
new Governor, the Council, nor the courts took any steps 
in the matter. Nor did the aggrieved party meet with 
support or sympathy when they sent Mr. Ash, as their 
agent, to the Proprietors in England with the memorial 
from which the above-mentioned events have been mostly 



John, Earl of Bath, the fourth Palatine, died August 
21, 1701. But so negligent were the Proprietors of the 
affairs of the colony that no meeting was held for five 
months after his death. Then, on January 10, 1701-1702, 
John Lord Granville succeeded the Earl his father, as 
the fifth Palatine of Carolina.^ The other proprietorships 
were represented by William Lord Craven ; the Hon. 
Maurice Ashley, son of the second Earl of Shaftesbury; 
that of the minor Lord Carteret by Lord Granville. The 
troublesome share of Sir William Berkeley, held by Mr. 
Thornburgh, substituted trustee in the place of Thomas 
Amy, who was now dead, was in 1705 sold to John Arch- 
dale, who thus appears to have recognized the right of 
the four Proprietors under their purchase from Ludwell 
and his wife, notwithstanding his own previous purchase 
from that lady. The share of the Earl of Clarendon, then 
of Sothell, which the Proprietoi-s had given to Thomas 
Amy, he had settled upon Nicholas Trott, Esq., of Lon- 
don, who had married his daughter,^ but the other Pro- 
prietors never recognized Trott's proprietorship, nor 
admitted him to its possession or profits. The Colleton 
share was represented by the second Sir John Colleton, 

1 Coll. Hist. Soc. of So. Ca., vol. I, 160. 

^ Danson v. Trott^ et al, 3d Brown^s Pari. Heports, 449. This 
Nicholas Trott was a cousin of the Nicholas Trott in Carolina. He was 
the same who joined with John Trott in giving a power of attorney to 
collect from William Khett their share of a mercantile adventure. 



lately become of age. That formerly of Lord Berkeley was 
now owned by the minor son of Landgrave Joseph Blake. 

On March 11, 1701, the Privy Council announced to 
the Proprietors of Carolina the death of King William 
and ordered the proclamation of Queen Anne. This order, 
on March 21, the Proprietors enclose to the Governor and 
Council in Carolina.^ On May 8, 1702, the Commissioners 
of Trade formally notify the Proprietors of the war with 
France and Spain. In the meanwhile the Board of 
Trade, urged on by Randolph, were advising the Royal 
authorities to reassume the government of the colonies 
and unite them under one administration. "An act for 
remitting to the crown the government of several colonies 
and plantations in America " was drawn, and only failed 
of passage in Parliament, it was said, by reason of the 
shortness of time and multiplicity of other business.^ 

In 1699 the Proprietors had been summoned to White- 
hall and asked how it was that his Majesty's approbation 
had not been obtained for appointment of Governor Blake 
as required by the act of Parliament for preventing frauds, 
etc. Mr. Thornburgh, answering for them, had stated 
that the then Governor (Blake) was not so by virtue of 
any commission from the Proprietors, but by virtue of the 
Fundamental Constitutions as being a Proprietor himself ; 
but that the Lords Proprietors contemplated deputing one 
before long.^ This wjis not strictly true. Blake, as we 
have seen, had been appointed by Archdale under a power 
from their board, an appointment which had been ap- 
proved by them.* Three years had elapsed and no ap- 
pointment had been made. They now at last determined 
to appoint Sir Nathaniel Johnson. Hewatt states that the 
Proprietors could not at first obtain Queen Anne's appro- 

1 Coll. Hist, Soc. of So, Ca., vol. 1, 151. s Ibid., 610. 

a Colonial Records of Xo. Ca., vol. I, 636, 640, 654. * See anU, pp. 287-288. 


bation of Sir Nathaniel because it was suspected that he 
was not a friend to the Revolution, and that her approval 
could only be obtained on the condition of his giving 
security for the observance of the laws of trade and navi- 
gation, and to obey such instructions as should be sent 
him from time to time by her Majesty ; which security the 
Commissioners of Trade and Plantations were ordered to 
take care should be sufficient.^ The historian does not 
give his authority for the statement. It is scarcely proba- 
ble that Queen Anne and her Tory administration, with 
Lord Godolphin at its head, would have objected to any one 
because he had refused to abandon the cause of the Stuarts. 
The requirement of security was a general regulation im- 
posed at the instance of the Board of Trade in 1697, and 
which it appears the board was zealously enforcing. Sir 
Nathaniel was too much in accord with the political and 
religious views of the now dominant party in England to 
fear refusal of his confirmation as Governor of Carolina. 

On the 18th of June, 1702, the Lords Proprietors 
issued their commission to Sir Nathaniel Johnson as Gov- 
ernor both of South and North Carolina; and with his 
commission they sent their instructions of the same date. 
He was to follow such rules as had been given to former 
Governors in the FundamentJil Constitutions and Tempo- 
rary Laws, and to be guided by them as far as in his 
judgment he might think fit and expedient. He was re- 
quired, with the advi(je and assistance of his Council, 
carefully to review the Constitutions and to lay before the 
Assembly, for their concurrence and assent, such of them 
as he should think necessary to the better establishment 
of government and calculated for the good of the people. 
He was to use his endeavors to dispose of their lands, but 
to take nothing less than £20 for 1000 acres and in all 

1 Hewatt's Hist, of So. Ca., vol. I, 162. 


future grants to provide that the lands should escheat to 
the Pioprietors unless a settlement was made on them 
within the space of four years. He was to take special care 
that the Indians were not abused or insulted, and to study 
the best methods of civilizing them and making a firm 
friendship with them in order to protect the colony against 
the Spaniards. He was to transmit to England exact 
copies of all laws passed, and of all annual rents paid. 
An act had been passed in 1701 by the Assembly in South 
Carolina for regulating the proceedings of the Court of 
Admiralty in the province. The Proprietors sent to Gov- 
ernor Johnson an opinion of counsel furnished them by 
the Board of Trade, that its provisions were not in accord- 
ance with the practice of the High Court of Admiralty 
in England, and they instructed Sir Nathaniel to have 
the same amended as necessary.^ 

On the 28th of July Mr. Robert Johnson, the Governor's 
son, with Mr. Hutclieson, the agent of the Proprietors, 
attended at Whitehall and acquainting the board that he 
was in possession of an estate at Keeblesworth in the 
County of Durham with £200 per annum, which Sir 
Nathaniel, his father, who was tenant for life, had made 
over to him, he was accepted as one of his father's sure- 
ties. Mr. Thomas Cary, Archdale's son-in-law, a Carolina 
merchant, was taken for the other.^ 

Though Sir Nathaniel Johnson's commission was dated 
in June, 1702, it did not arrive in Carolina until some time 
in 1703. With his commission as Governor came also a 
commission for Nicholas Trott as Chief Justice, for James 
Moore, the Governor, as Attorney General, and for Job 
Howes as Surveyor General. When Granville had desired 
the Queen's approbation of Sir Nathaniel Johnson, the fact 

1 Hewatt*8 Hist, of So. Ca., vol. I, 102 ; Colonial Becorch of No. Ca., 
vol. I, 666-567. » Ibid., 667. 


was known that, while Governor in the West Indies, he 
had refused to take the new oaths upon the revolution 
in England which, as we have observed, was probably a 
recommendation of him to Anne, and his experience and 
courage were urged as particularly fitting him for the 
critical position of the Governor of a frontier during the 
war against France and Spain.^ 

With the new administration a new Assembly was 
elected, and the Colleton members charged that in this 
election that of the members to serve from Berkeley was 
managed with greater injustice to the freemen of the 
province even than the former. " For at this last elec- 
tion," they said, ''Jews strangere, sailors servants, ne- 
groes and almost every Frejiehnvdn in Craven and Berkeley 
counties came down to elect and their votes were taken 
the persons by them voted for were returned by the 
Sheriff," etc.^ It was the voting of the Frenchmen to 
which the Colleton dissenters were so opposed. This was 
the real ground and cause of their complaint, and the 
reason is obvious. There was no bitterness between the 
Huguenots and the High Churchmen. The Huguenots 
were not dissenters •from the Church of England as were 
the Congregationalists under the lead of Morton and 
Boone, or as the Baptists under Screven. They were 
Protestants against the Church of Rome, just as weie the 
churchmen of England. Though, in strict matter of faith, 
the Huguenot was a Calvinist, he had no disposition to 
quarrel with the establishment of the Church of England. 
On the contrary, he was most kindly disposed to that 
body, though not fully agreeing with all its tenets. When 
first driven from France, Canterbury offered an asylum to 
these persecuted Protestants, and Archbishop Parker, with 
the consent of Queen Elizabeth, granted the exiles the use 
1 Mist. Sketches of So. Ca. (Rivers), 206. ^ /^^j^.^ Appendix, 469. 


of the under croft or crypt of the cathedral where " the 
gentle and profitable strangers," as the archbishop styled 
them, not only celebrated their worship, but set up their 
looms and carried on their several trades.^ The Hugue- 
nots had been protected by Cromwell, and Charles II had 
assisted at his own expense in the transportation of some 
of them to this country. They did not object to a lit- 
urgy. They themselves had been accustomed to one. It 
was because these people would not join the dissenters to 
control the colony that their indignation was so aroused 
because aliens were allowed to vote. 

The new Assembly in April, 1703, thanked their Lord- 
ships the Proprietors for the appointment of Governor 
Johnson, and requested, as their own resources were ex- 
hausted by the late expedition, that the Queen would send 
them warlike stores and forces and a frigate, for they 
said : " Though we are immediately under your Lordships* 
government, yet we are her subjects, and we hope not only 
to defend ourselves, but even to take St. Augustine." 

Governor Johnson devoted himself immediately to the 
fortification of the town and preparation for the defence of 
the province. With limited resources he wisely stayed at 
home and exerted himself to render the capitiil of his prov- 
ince as defendable as possible, but Moore, restless, ener- 
getic, and ambitious, and burning to redeem his diminished 
reputation, persuaded Sir Nathaniel to allow him to make 
another invasion of the territory of the Apalachian, north- 
west of St. Augustine, which supplied that place with pro- 
visions and in which there were many small Spanish forts 
and Roman Catholic chapels. Moore set forth in Decem- 
ber, 1703, at the head of 50 Carolina volunteers and 1000 

» The Huguenots (Samuel Smiles), 1868, 123; »' Historical Sketch of 
South Carolina," Preface to Cyclo. of Eminent Men of the Carolinas 
(Edward McCrady). 



Indians. The first town which he reached was one 
known as Ayaville, having a tolerably complete fortifica- 
tion with its usual appendage, a chapel. The Carolinians 
assaulted the fort, but were repulsed. 

Balls and arrows greeted Moore's approach, from which 
his men first took refuge behind a mud-walled house, then, 
forming to the assault, they rushed forward and attempted 
to break down the chapel doors, but were beaten back 
with the loss of two men, — Francis Plowden and Thomas 
Dale. Two hours after they succeeded, with the aid of 
the Indians, in setting fire to the chapel. They captured 
only one white man, a friar, and about 50 Indians and 
over 100 women and children, and killed in the two as- 
saults 25 men. The next morning 23 Spaniards, with 
400 Indian allies, renewed battle with the Carolinians. 
The Carolinians were again victorious ; the Spanish 
leader and eight of his men were taken prisonei's, and five 
or six killed, with about 200 Indians. On the part of the 
Carolinians, Captain John Bellinger was killed fighting 
bravely at the head of his men. On the same day Captain 
Fox died of his wounds received at the assault at Ayaville. 
Five fortified towns now surrendered unconditionally. 

The Cacique of Ibitachtka, being strongly posted, was 
treated with and compounded for safety with " his church 
plate and ten horses laden with provisions." " I am will- 
ing to bring away with me," says Colonel Moore, " free, 
as many of the Indians as I can, this being the address of 
the commons to your honor to order it so. This will make 
my men's part of plunder (which otherwise might have 
been XlOO to a man) but small." He returned in March 
with 1300 free Apalachians and 100 slaves. By the 
devastation committed by Moore's own men and the depre- 
dations of his numerous allies, the country of the enemy 
was completely subdued. He received the thanks of the 


Proprietors, " wiped off the ignominy of his failure at 
St. Augustine, and increased his means by the sale or 
bondage of Indian captives."^ 

The three ensuing yeai-s are among the most interesting 
in the history of the province. It was during these that, 
following the course of events in England, the attempt 
was made under the direction of Granville to exclude 
dissenters from participation in the government of the 
colony. But this important matter must be reserved for 
a succeeding chapter. For the present we pass over these 
years, to follow the events of the war between Eng- 
land on the one hand, and France and Spain on the other, 
which took place in Carolina. 

Carolina, forming on the south and west the frontier 
of the English settlements, was open to invasion from 
Havana, as well as from St. Augustine. Sir Nathaniel 
Johnson, having long expected an attack from the French 
and Spaniards, had exei*ted himself to put the town and 
colony in the best state of defence. His first measure was 
one which was to be the basis of all future legislation in 
regard to the domestic police of the province and State, 
until the abolition of slavery. From the preamble of the 
act, which was passed in 1704,^ we learn that its purpose 
was to provide against insurrections of the negro slaves 
upon occasions of invasion of the province which would 
draw the men of the colony to the coast. It provided for 
the draft of ten men from every militia company properly 
mounted, armed, and accoutred under a captain or other 
officer, whose duty it was to muster his men as a patrol 
upon all occasions of alarm, and at other times, as often as 
he or the General should think fit, and with them to ride 

1 Hist, Sketches of So. Ca. (Rivers), 208, 209; Moore's account, Car- 
roll's Coll., vol. II, 674. Hewatt's Hist, of So, Ca., vol. I, 167. 

2 Statutes of So. Ca., vol. II, 264. 


from plantation to plantation, and to take up all slaves 
which they should meet without their masters' plantations, 
which had not a permit or ticket from their masters, and to 
punish them as provided by the act for the better ordering 
of slaves. Upon this beginning was biised the patrol laws 
which, modified from time to time, formed the military 
police system of which we have spoken in the introduc- 
tory chapter. In the meanwhile the Governor pressed 
forward the work upon the fortifications and preparations 
for defence against the threatened invasion. In a letter 
of the Grand Council to the Queen's officei's in England, 
written in 1708, the defences of the town erected at this 
time are thus described : — 

" Charles Town the chief port in Carolina by the direc- 
tion and dilligence of our present governor, Sir Nathaniel 
Johnson, is surrounded with a regular fortification, con- 
sisting of bastions, flankers and half moons ditched and 
palisaded and mounted with 83 guns. Also at the en- 
trance of the harbor in a place called Windmill Point 
(within a carbine shot of which all vessels must pass by) is 
now building and almost finished a triangular fort and 
platform of capacity to mount 30 guns which when finished 
will be the key and bulwark of this province but wanting 
some large heavy guns both for the fortification and 
about Charles Town and the said fort and platform to- 
gether with a suitable store of shot."^ 

Windmill Point is that ever since known as Fort John- 
son.^ Trenches were cast up on White Point, now the 
Charleston Battery, and other places where thought neces- 
sary. A guard was stationed on Sullivan's Island, which 

1 MSS. Letter to Board of Trade, quoted by Rivers, Hist. Sketches 
of So. Ca.y 207. 

* The point from which the first gun in the late war between the 
States was fired. 


commanded a view of the ocean, with orders to kindle a 
number of fires opposite to the town equal to the number 
of ships that might appear on the coast.^ 

Yellow fever, which had first visited Charles Town in 
1699, again made its appearance in 1706, and was raging 
in the town when news came that an expedition was being 
organized at Havana for the invasion of the place. 

Governor Johnson had taken the precaution of having 
a privateer fitted out for cruising on the coast, under the 
command of Captain Stool, who was to keep a lookout, 
and was particularly charged to intercept supplies which 
were regularly sent to St. Augustine from Havana. Cap- 
tain Stool had been out a few days when, on Saturday, the 
24th of August, he returned, bringing the report that he 
had engaged a French sloop off the bar of St. Augustine, 
but upon seeing four other ships advancing to her assist- 
ance, he thought proper to make all the sail he could for 
Charles Town and had narrowly escaped falling into the 
enemy's hands. Scarcely had he made this report when five 
separate smokes 'appeared on Sullivan's Island as a signal to 
the town that that number of ships was observed on the coast. 

This invasion had been concerted at Havana. Mon- 
sieur Le Feboure, a captain of a French frigate, with 
four armed sloops had set sail for Charles Town, with 
directions to touch at St. Augustine and to carry from 
thence such a force as he judged adequate to the enter- 
prise. Upon his arrival at St. Augustine he had learned 
of the epidemic which raged at Charles Town, and that 
it had swept away a vast number of the inhabitants. This, 
instead of intimidating and deterring him from his pur- 
pose, determined hiiji to proceed with greater expedition, 
hoping to find the town in a weak and defenceless condi- 
tion, as the country militia, he supposed, would be afraid 

1 Hewatt*s Hist, of So. Ca., vol. I, 180. 


to come to its support because of the fatal infection. 
Taking on board a considerable number of men at St. 
Augustine, he made sail for Carolina. 

Sir Nathaniel Johnson at the time was at his planta- 
tion Silk-Hope, several miles from town, but Lieutenant 
Colonel Rhett, commanding oflBcer of the militia, who was 
on the spot, immediately ordered the drums to beat and 
all of the inhabitants to be put under arms. A mes- 
senger was dispatched with the news to the Governor and 
orders to all the captains of militia in the country to fire 
alarm guns, raise their companies, and march to the assist- 
ance of the town. 

In the evening the enemy's fleet came to the bar ; but 
as the passage was intricate, they did not think it prudent 
to venture over it in the darkness of the night. Early 
Sunday morning, the 25th, watchmen on Sullivan's Island 
observed them a little to the southward of the bar manning 
their galley and boats as if they intended to land on 
James Island. But they came to anchor and spent all 
that day in sounding the south bar. This delay was of 
great consequence to the Carolinians, as it afforded time 
to collect the militia in the country. 

Sir Nathaniel Johnson came in on Sunday, and found 
the inhabitants in great consternation, but being a man of 
established courage and skill in war, his presence inspired 
the people with confidence and resolution. To avoid ex- 
posing the country troops to the contagion of the town, he 
established his headquarters about half a mile from it. 
Martial law was proclaimed. In the evening Major George 
Broughton, with two companies, and the gentlemen of 
Colonel Logan's troop arrived and kept watch during the 
night. Early on Tuesday morning, tlie 27th, Captains 
Johnson, Linche, and Hearne, and Drake from James Island 
were posted with their companies in the immediate neigh- 

398 fiistoRlr otr south CARoLtKA 

borhood of the town. The same morning the enemy, with 
four ships and a galley and a number of boats for landing 
their men, crossed the south bar and stood for the town 
with fair wind and tide ; but when they came in view of 
its fortification, where the Governor with his forces stood 
ready to receive them, they suddenly bore up and came to 
anchor under Sullivan's Island. A sloop, which had been 
sent over to Wando River to bring Captain Fenwicke and 
his company, succeeded in doing so, notwithstanding an 
attempt of the enemy's galley to intercept them. 

The next morning, Wednesday, the 28th, Captains Long- 
bois from Santee and Seabrook from the islands, disregard- 
ing the pestilence, marched their men into the town. As 
the enemy hesitated, a council of war was held, and Gov- 
ernor Johnson determined to assume the offensive, and to 
go out and attack them. Three ships, a brigautine, two 
sloops, and a fireship, all the harbor afforded, were manned 
and equipped, and Colonel Rhett, who fortunately was a 
sailor, was commissioned as Vice Admiral, hoisted his flag, 
and was ready for action. 

Observing these preparations for resistance, the enemy, 
who had so boldly crossed the bar, resorted to parley. 
They sent up a flag of truce to the Governor, summoning 
him to surrender. The flag was received by Captain 
Evans, the commander of Granville's Bastion, and the 
messenger upon landing was at once blindfolded, and held 
until Governor Johnson was ready to receive him. When 
taken to his presence, the messenger informed the Gov- 
ernor that he was sent to demand, in the name of the 
French King, the surrender of the town and country, 
and the inhabitants as prisoners of war, and that only one 
hour was granted for his decision. The Governor promptly 
and emphatically replied " that it needed not a quarter of 
an hour or a minute's time to give an answer to that de- 


mand, for he might see he was not in such a condition as 
to be obliged to surrender the town ; but that he kept the 
same and would defend it in the name and by the authority 
of the great Queen of England and that he valued not any 
force he had ; and bid him go about his business." 

Governor Johnson was given but an hour to reply ; but 
when the reply was so promptly made, the demand was 
not followed up by the French commander at the expi- 
ration of the hour or even at the end of the day, nor 
was any general attack made. The day following, Thurs- 
day, the 29th, a party of the enemy went ashore on James 
Island and burnt the houses on a plantation by the river 
side. Another party, consisting of 160 men, on Friday 
morning, the 30th, landed on the opposite side of the har- 
bor, and burnt two vessels in Dearsby's, now Shem's, Creek, 
and set fire to his storehouse. Captain Drake and his 
company, with a small party of Indians, was sent to James 
Island, to meet the enemy there, while Captain Fenwicke 
and Cantey crossed the Cooper, and marched against the 
party which had landed in Wando Neck. The latter party 
came up with the enemy before the break of day and, find- 
ing them unguarded with their fires burning, surprised 
them. A brisk engagement ensued, in which about a 
dozen of the invadei's were killed and thirty-three taken 
prisoners. Some perished in attempting to escape by 
swimming. On the side of the Carolinians there was but 
one killed. Sir Nathaniel now assumed the aggressive. 
Colonel Rhett, with a fleet of six small vessels, on Satur- 
day morning, the 31st, sailed out and proceeded down the 
river to where the enemy's ship lay at anchor. In haste 
and confusion they weighed and stood for sea. Threaten- 
ing weather prevented a pursuit. Nothing more was 
heard of the enemy ; but to be assured of their departure, 
on Sunday, the 1st of September, the Governor ordered 


Captain Watson of the Sea Flower to search and report 
The captain returned without seeing the enemy, but ob- 
serving some men on shore whom they had left behind, 
he took them on board and brought them to town. 

The country companies had been discharged and martial 
law had ceased, when information was now brought that 
a ship had anchored in Sewee Bay and landed its crew. 
Captain Fenwicke was at once, on Monday, the 2d of Sep- 
tember sent by land against this new movement; while 
Colonel Rhett, Captain Evans, and a number of gentlemen 
as volunteei-s, went by sea in a Bermudian sloop with the 
privateer which had brought the information of the inva- 
sion. This ship at Sewee was one of the French fleet 
under Captain Pacquereau, having 200 men on board, and 
had been intended as an important part in the invasion. 
Captain Pacquereau does not seem to have been aware of 
the repulse of his comrades. A party of his men crossed 
the main from Sewee Bay to Hobcaw through Christ 
Church parish ; there Captain Fenwicke attacked them, 
killed fourteen and took fifty prisoners, while the same day 
Colonel Rhett entered Sewee Bay and the ship imme- 
diately surrendered with ninety men aboard. Mr. John 
Barnwell, a volunteer, was dispatched by Colonel Rhett 
with news of the capture, as the contrary winds prevented 
the immediate return of the little victorious fleet with 
their prize and many captives. There were now 280 
French and Spanish prisoners in Charles Town. It is not 
known how many, if any, of them died of yellow fever.^ 

The Governor thanked the citizen soldiery who had 

^ This account is taken from Hewatt and Rivers. Ramsay foUowB 
verbatim that of llewatt. Rivera's account is based upon the more reli- 
al)lo authority of a report written in Charles Town September 13, 1706, 
published in the Boston News Letter^ and republished in the Carolina 
Gazette, June 2, 1766, which paper is to be found in the files in the 
Charleston Library. 


responded so promptly to his call, under circumstances so 
unpropitious, for their valor and for their humanity, espe- 
cially at a time when such violent estrangements existed 
between political parties. On the other hand, the Governor 
himself received from the Proprietors a substantial token 
of their approbation in a tract of land granted in terms 
most flattering and honorable. And well they might, for 
the funds for necessary expenses were raised by Governor 
Johnson on his individual responsibility.^ 

Thus ended, says Rivera, the first attempt to take the 
city of Charlestown by a naval force, which failed, not 
thi'ough the strength of its fortifications nor the multitude 
of its defenders, but through the courage and activity of 
its citizens. Since Rivers wrote, another and more signally 
glorious defence of the city has been made, whereupon a 
recent English author has written: "Three times has 
Charlestown been attacked from the sea. Twice in the last 
century, and once in the present, have the ever-growing 
resources of naval warfare been brought to bear upon her 
walls. Dalgren's monitors were as powerless against her 
mighty natural defences as the French privateers or as 
Parker's men-of-war, and the stronghold of slavery only 
sank in the common downfall of that cause of which she 
was the parent and leader. But of the three defences of 
Charlestown all marked by conspicuous resolution on the 
part of the garrison, the first is the only one with which 
Englishmen can well feel sympathy. In each of the latter 
sieges the assailants and defenders were of the same race 
and speech. The settlers who held Charlestown against 
the allied forces of France and Spain were partners in the 
glory of Stanhope and Marlborough, heirs to the glory of 
Drake and Raleigh." 2 

1 Hist. Sketches of So. Ca,, 214, note, 
a Doyle's English Colonies in Am., 368. 



Cabolika was a part of the British Empire, and a part 
which, though so distant, was dmwing more and more 
closely in interest to the mother country. In the early 
days of the colony, the colonists had been too much en- 
gaged in clearing the grounds for their settlements, and 
erecting their cabins in the woods, to take much interest 
in the affairs of the old country. Busy in the first attempt 
at a settlement at Old Town on the Ashley, and their 
minds continually occupied with apprehensions of Indians 
and Spaniards, they had not been much concerned with 
the occasional news which readied them from England of 
the withdrawal of the Declaration of Indulgence to the 
Roman Catholics, or the Test Act, by which the reception 
of the sacrament, according to the forms of the Church of 
England, and renunciation of the doctrine of transubstan- 
tiation, were made the qualifications for office. Nor after 
their removal to Oyster Point had they felt themselves 
much interested in the Popish plot, or Exclusion Bill, or 
the Revocation of the Edict of Nantes, save inasmuch 
as these measures had driven to the province the non- 
conformists under Morton and Axtell, and the French 
Protestants under Petit and Grinard. The death of 
Charles II and the accession of James had not disturbed 
them. Their political thoughts had been chiefly engaged in 
resisting the absurd Fundamental Constitutions of Locke, 



which the Proprietors were endeavoring to force upon 
them, and in extorting from their Lordships assurance 
of their titles to land, and the tenures under which they 
were to be held. But communication with London and 
Bristol and Dublin was now constant, not only through 
the Proprietors, but by the mercantile intercourse, which 
was steadily increasing. The province was beginning to 
recognize itself as a part of England, and every pulsation 
of political life there was now felt in the province without 
diminution, and was acted upon with as much zeal as at 
home. Political sentiment in Carolina at once responded, 
therefore, to the revival of Toryism upon the accession of 
Queen Anne, — a revival here which was greatly enhanced 
by the appointment of the faithful old soldier and follower 
of the Stuarts, Sir Nathaniel Johnson, as Governor of the 
province. During the ascendency of the Whigs under 
William III, Smith, Blake, and Archdale, all dissenters, 
had governed the colony. They had each and all, it is 
true, recognized the Church of England as the established 
church of the province, and Blake had been most liberal in 
his conduct to it. Still the colony had been, until Moore's 
interregnum administration, under the government of dis- 
senters, who, it was claimed, constituted a majority of the 
people. But now the Palatine and the Governor were 
both High Churchmen. 

The party of Blake, Morton, and Axtell, led, at this 
time, by Joseph Boone and John Ash, claimed to be no 
less than two-thirds of the colonists. But, as it has been 
observed, this we may doubt, as it is difficult to understand 
how a minority could force measures on a reluctant ma- 
jority, even if we suppose, which is in itself unlikely, 
that the minority was completely united in itself.^ The 
mistake was in counting as dissenters all who were not 

1 Doyle's English Colonies in Am., 370. 


churchmen. Thus, for instance, as we have before said, the 
French Huguenots were not dissenters ; nor were the Ger- 
man Lutherans, who were becoming quite numerous in the 
colony. The sym^yathies of both of these classes were 
rather with the churchmen than with the dissenters. This 
was recognized in the opposition of the latter to extend- 
ing the elective fmnchise to any who were not native- 
born Englishmen ; and was proved by the readiness with 
which the clergymen of both these denominations accepted 
Episcopal rule and connected themselves with the Church 
of England. 

As the chief obstacle in the way of carrying out in Eng- 
land the principle of uniformity in Church as well as in 
State, which had been Clarendon's policy upon the restorer 
tion of Charles II, had been the Independents and Pres- 
byterians, whose strongholds were the corporations of the 
boroughs, in many of whicli the corporations actually 
returned the borough membere, and in all of which they 
exercised a powerful influence, it became necessary to drive 
the dissenters from municipal posts, in order to weaken, 
if not to destroy, that party in tlie House of Commons.^ 
To accomplish tliis, the famous Test and Corporation acts, 
passed by a Cavalier Parliament, required, as a condition 
of entering upon any office, — civil, military, or municipal, 
— the reception of the sacraments, according to the forms 
of the Church of England, a renunciation of the League 
and Covenant, and a declaration tl)at it was unlawful, on 
any grounds, to take up arms against the King. William's 
attempt partially to admit dissenters to civil equality 
by a repeal of these acts had failed ; but many dissen- 
ters had evaded their provisions by occasionally partaking 
of tlie communion as required, tliough they subsequently 
attended their own chapels. It was against this "occa- 

1 Green's HisU English People, vol. Ill, 360. 


sional conformity" that the Tories, now once more in 
power, introduced a test, which, by excluding the non- 
conformists, would have given them the command of the 
boroughs. This test fii*st received the support of Marl- 
borough, then all-powerful under Queen Anne; but the 
Whigs, who had ruled under William, still held the House 
of Lords, and rejected it as often as it was sent up to 

All the world, says Oldmixon,^ knew how zealous Lord 
Granville had been for promoting the bill against " occa- 
sional conformists " in England, that he had openly shown 
his aversion to dissenters, and had been removed from 
a high position because of the bitterness of his speeches in 
regard to them. However this may have been, there can 
be no doubt that Lord Granville warmly espoused the 
cause of the High Churchmen in Carolina, and that it 
was through his influence that an attempt was made 
in this province similar to that against the "occasional 
conformity " in England. In England, however, it wjis 
only a part of the representation in the Commons — the 
burgesses of the cities and boroughs — that could be 
reached by the Test and Corporation acts. The knights 
of shires, the other component part of the Commons, 
could not be; but in Carolina the whole representation 
in the Commons House was subject to statutes passed 
in the General Assembly here, and approved by the 
Proprietors in England. Lord Granville, the Palatine, 
determined that, though the Tories at home could not 
exclude all who were not churchmen from the Commons 
in Parliament, he at least would make the attempt to do 
so in Carolina. In this attempt he had the zealous co- 
operation of the noble, if somewhat bigoted. Governor, 

1 Green's Hist. English People, vol. IV, 87. 

2 British Empire in Am,, vol. I, 474. 


Sir Nathaniel Johnson; of the astute, if unprincipled, 
Chief Justice Nicholas Trott ; and also of Colonel William 
Rhett, who, though of choleric and violent disposition, 
appears to have been sincere and earnest in his devotion 
to his church. 

The Assembly, which the Colleton dissenters charged 
had been so irregularly and scandalously elected, had 
chosen Mr. Job Howes as Speaker. They had been 
prorogued to the 10th of May, and the time of their 
reassembly had not yet arrived. They were now called 
by the Governor in extra session, and on the 4th of May, 
1704, Colonel Risbee asked leave to introduce a bill. It 
was read. Its title was : "jPor the more effectual preserva- 
tion of the government of this province by requiring all 
persons that shall hereafter be chosen members of the Com" 
mans House of Assembly^ and sit in the same to take the 
oaths and subscribe the declaration appointed by the act 
and to conform to the religious worship in this province 
according to the Church of England^ and to receive the 
sacrament of the Lord's Supper according to the rites of the 
said church, ^"^ 

Some members immediately called for the reading of 
the " grand charter." But the opposition was overcome. 
The bill was passed through its first reading with amend- 
ments^ and Colonel Risbee was ordered to present it to 
the Governor and Council. They passed it, and returned 
it to the House. The next day it received its second 
and third readings, and was sent as a law for ratifica- 
tion to the Governor and Council. It bears date the 6th 
of May, and was signed by Sir Nathaniel Johnson and 
Colonel Thomas Broughton, Colonel James Moore, Robert 
Gibbes, Esq., Henry Noble, Esq., and Nicholas Trott, Esq., 
of the Council. It was passed in the Assembly by a 
majority of one, twelve voting for it and eleven against 


it; among the latter were some churchmen. Seven 
members were absent.^ 

The preamble to the act declared, as the reason for 
its passage, that while nothing was more contrary to 
the profession of the Christian religion, and particularly 
to the doctrine of the Church of England, than perse- 
cution for conscience only, yet nevertheless it had been 
found by experience that the admitting of persons of 
different persuasions and interests in matters of religion 
to sit and vote in the Commons House of Assembly 
had often caused great contentions and animosities in 
the province, had very much obstructed the public busi- 
ness, and that by the laws and usage of England, all 
members of Parliament were obliged to conform to the 
Church of England by receiving the sacrament of the Lord's 
Supper according to the rites of the said church. It was 
doubtless true that the Colleton dissenting membei*s of the 
House, in order to enforce the passage of an election law 
to exclude the Huguenots from voting, had obstructed the 
business of the House at a time when the safety of the 
province from invasion demanded the united action of 
every patriotic citizen. And this was done, it was also 
true, merely to secure their own political ascendency. 
The provocation to the churchmen in Carolina was 
therefore great, even had they not the additional incentive 
of Granville's wishes to accomplish the purpose as a part 
of the politics in England. But it was not true that mem- 
bers of the British Parliament were obliged to conform to 
the Church of England by receiving the sacrament. And 
it is extraordinary that such a statement should have been 
made with the sanction of Sir Nathaniel Johnson, who 
himself had been a member of Parliament. 

There was no law nor custom requiring a member of 

» Ilist. Sketches of JSo. Ca., 218. 


Piuliament to do so. The Test and Corporation acts af- 
fected the membership of that body, but partially and by 
indirection. Of the two constituent parts of the House, 
the knights of the shire and the borough members, they 
could reach only one. The knights of shires, i.e. the 
county members, who were, however, usually churchmen, 
were not affected by them. They operated only upon the 
members of corporations as electors of burgesses. But 
their effect, even as to these, had been, in a great meas- 
ure, avoided by the custom of " occasional conformity." 
There was no precedent at home, therefore, for the strin- 
gent measures by which the churchmen in Carolina were 
outstripping the Tories in England, in their efforts to ex- 
clude the dissenters from participation in the government. 
Based upon this false premise, the act required that 
every person thereafter chosen a member of the Commons 
House should receive the sacrament of the Lord's Supper 
according to rites and usage of the Church of England in 
some public church upon some Lord's Day, commonly 
called Sunday ; and should deliver to the Speaker a cer- 
tificate of his having done so under the hand of a minister, 
or make proof by two credible witnesses. Apart from 
other hardships and injustice of this requirement was this, 
that there was but one church as yet outside of Charles 
Town, i,e. Porapion Hill chapel on Cooper River, so that to 
comply with the act — if assented to — would require 
every member elected to journey to the town or to Pom- 
pion Hill on some Lord's Day for the purpose. But there 
was a difficulty in the way of this act on the part of some, 
at least, of its supix)rter8. Some of them, though profess- 
ing to be members of the church, were not themselves 
communicants. Indeed, it was charged that some of them 
were blasphemers and hard livers. Mr. Marston, the min- 
ister of St. Philip's Church, who became involved in the 


controversy, declared that many of the members of the 
Commons House that passed the act were constant ab- 
sentees from the church and that eleven of them were 
never known to have received the saci-ament of the Lord's 
Supper, though for five yeai-s past he had administered 
it in his church at least six times a year. This charge is 
countenanced by a provision which would cover just such 
cases. It was provided that, as some peraons might scru- 
ple to receive the sacrament by reason of their fears that 
they were not rightly fitted and prepared to partake of 
that ordinance, who did nevertheless, out of real choice, 
conform to the Church of England and sincerely profess 
the same, such persons upon making oath to the fact, and 
that they usually frequented the church for public wor- 
ship, and did not avoid the communion from any dislike 
of the manner or form of its administration as used by the 
Church of England and prescribed in the Book of Common 
Prayer, and making profession of conformity as required 
by the act^ were declared sufficiently qualified to be mem- 
bers of the House. 

As might be supposed, the bill met with vehement oppo- 
position. In the House Thomas Jones, John Beamer, Laur 
Denner, William Edwards, and John Stanyarne entered 
under leave their dissent in these words, "that King 
Charles H having gi-anted a lil)erty in his charter to the 
people for the settling of this colony, we think the above 
bill too great an infringement on the liege subjects of his 
Majesty " ; Charles Colleton, " that the said bill is not 
proper for the inhabitants of the colony at this time " ; 
James Cochran because "contrary to the liberties of the 
inhabitants of the province, which liberty hath encouraged 
many persons to transport themselves into the province." 
In the Council Landgrave Joseph Morton was denied 
leave to enter his protest against the act. There being 


no further use for the Assembly, it was prorogned till 

Colleton's objection was the correct one. The act was 
not a proper one for the colony. But an appeal to the 
Royal charter would not have helped the opponents of 
the measure. That instrument did not guarantee the 
right of participation in the government to persons of all 
religious denominations. It provided that no person 
should be molested or called in question for any differences 
of opinion or practice in mattei-s of religious concernment, 
who did not actually disturb the peace ; but that did not 
give the right to dissenters, any more than to Roman 
Catholics, to take part in the government. The religious 
liberty and freedom which the charter guaranteed related 
only to the exercise of religion without molestation ; and 
even in that it was restricted to such indulgences and dis- 
pensations as the Proprietors should think fit to grant 
Nor could appeal be made to the Fundamental Constitu- 
tions, for the Church of England was declared by those 
laws to be "the only true and orthodox and the national 
religion of all the King's dominions." 

But all the churchmen in the colony did not approve 
the measure. It met with opposition from a quarter little 
to have been expected, and became involved in other issues. 

Upon the death of Mr. Marshall, in 1699, the Governor 
and Council had written to the Lord Bishop of London 
telling him of Mr. Marshall's death ; of the great virtues 
he had exhibited during his short life in the colony; how 
that by his easy, and, as it were, natural use of the cere- 
monies of the church, he had taken away all occasion of 

1 Hist. Sketches of So. Ca. (Rivers), 218, 219, quoting Journals. 

The term "prorogue'' is used in cases in which the Assembly is 
adjourned by the Governor from time to time. The term "adjourn" 
is used in cases in which the Assembly ends its session by its own motion. 


scandal at them, and by his prudent and obliging way of 
living and manner of practice he had gained the esteem 
of all persons ; and praying that his Lordship would send 
them such another. The same encouragement and pro- 
vision as was made for Mr. Marshall, they said, was settled 
by act of Assembly upon his successor, a minister of the 
Church of England ; viz. £150 yearly, a good brick house 
and plantation, two negro slaves, and a stock of cattle, 
besides christening, marriage, and burial fees.^ 

Before learning of the death of Mr. Marshall, the Pro- 
prietors had secured the services of the Rev. Edward 
Marston, M.A., for Pompion Hill chapel in the neighbor- 
hood of Sir Nathaniel Johnson, the settlements on Goose 
Creek and Cooper River.^ Mr. Marston had been recom- 
mended not only by the Bishop of London, but by the 
Archbishop of Canterbury. Upon his arrival, in 1700, he 
was put in charge of St. Philip's Church in the place of 
Mr. Marshall. And the Rev. Samuel Thomas, the first 
missionaiy sent out by the Society for the Propagation of 
the Gospel, designed for a mission to the Yamassee Indians, 
coming out soon after, but the disturbed condition of the 
country in consequence of the Spanish invasion and St. 
Augustine expedition rendering service among the Indians 
impracticable. Governor Johnson had substituted him to 
the care of the people upon the three branches of Cooper 
River in the place of Mr. Marston ; his principal place of 
residence to be at Goose Creek. 

Unfortunately, Mr. Marston was of a very different 
character from that ascribed to Mr. Marshall, whom he 

1 Dalcho»s Ch. Hist., 37. 

2 This was the first Episcopal or English Church in the province out- 
side of Charles 'i'own. It was erected by the parishioners, with the liberal 
assistance of Sir Nathaniel Johnson, on the east branch of Cooper River. 
It was built of cypress, thirty feet square, upon a small hill usually called 
Pompion Hill. 


succeeded. Though recommended by the Archbishop of 
Canterbury as well as by the Bishop of London, he had 
been a notorious Jacobite ere his coming to the province, 
and was for a time imprisoned in England for railing against 
the government.^ He brought over with him the same 
violent passions and contentious disposition. A Jacobite 
in England in the reign of William, he turned with equal 
rancor against the churchmen in Carolina under Queen 
Anne. He threw himself into violent opposition to the act 
which now so excited all parties, and vehemently assailed 
from his pulpit not only the measure itself, but all who sup- 
ported it. He was thereupon ordered by the House to lay 
the minutes of two of his sermons before its bar. This he 
refused to do, and the House addressed the Governor upon 
the subject before its adjournment. This Mr. Marston still 
more resented, and in a sermon preached the Sunday before 
the Assembly reconvened in October, he again attacked 
the House, charging it with calumniating and abusing him. 
Again the next Sunday, that is, the Sunday after the meet- 
ing of the Assembly, he boldly declared that though he 
had been ordered to lay his sermons before the House, he 
did not think himself obliged to do so, and asserted that 
he was in no wise obliged to the government for the 
bountiful revenues they had allowed him ; that he did 
not think himself inferior to them or obliged to give an 
account of his actions to them ; that though they gave 
him a maintenance, he was tlieir superior, his authority 
being from Christ. He compared the members of the 
House to Korah and his rebellious companions. 

Mr. Marston had meddled in another matter with which 
he had no concern. The Colleton members, who had 
withdrawn from the House the year before, had sent Mr. 
Ash to Europe to lay their grievances before the Lords 

1 Hist. Am. Episcopal Ch. (Bishop Perry), vol. I, 376. 


Proprietors, and, if necessary, before the Royal Govern- 
ment itself. Apprehending that if the purpose of his 
voyage was known he might be in some way detained, Mr. 
Ash had hurried to Virginia, to sail thence instead of em- 
barking for England from Charles Town, and there Land- 
grave Smith had addressed him letters reflecting very 
sharply upon the conduct of the House. Just before the 
adjournment of the Assembly, Smith wrote to Ash, June 30, 
1703, the House had passed "a noble vote" interpreting 
the " Regulating Bill," that is, the law regulating elections 
so that foreigners, as well as natural-born subjects, should 
have the liberty to vote if they were worth £10 and had 
been in the province three months ; " and honest Ralph," 
he said, "who loves slavery better than liberty moved 
your Honorable assembly to bring in a bill to naturalize 
all foreigners next spring ... so that unless we have a 
Regulating Bill and some other acts passed in England for 
the good government of this country I cannot see how we 
can pretend to live happy here." Again, on the 25th of 
July, Smith wrote to Mr. Ash : " Enclosed you will find 
another copy of the famous vote of our Assembly for fear 
the same should not come to your hands ; also a copy of 
their Act against Blasphemy and Profaneness which they 
always made a great noise about, although they are some 
of the most profanest in the country themselves ; yet you 
know great pretenders to religion and honesty for a colour 
for their Roguery." ^ 

These lettei-s fell into the hands of Governor Johnson. 
Oldmixon says they were betrayed into his hands upon 
the death of Mr. Ash, which occurred in England soon after 
his arrival there. Governor Johnson, on the reconvening 
of the Assembly on the 5th of October, laid the letters 
before the House, that they might, he said, take such 

1 Dalcho's Ch. Hist.y 56, quoting MSS. Journals. 


measures as should make Mr. Smith sensible of his fault 
and might deter all othera for the future from committing 
like offences against the government. Landgrave Smith 
attended the House on the 9th and acknowledged the 
letters, whereupon he was taken into the custody of the 

This was certainly a most arbitrary and unwarranted 
proceeding, appertaining more to the military character of 
Sir Nathaniel than illustrating his prudence and justice as 
a civil administrator. Mr. Smith had certainly the right 
to express his opinion of the proceedings of the House in 
a private letter to his personal correspondent, even though 
that pei-son was on a journey to complain of the conduct 
of the government to the authorities in England. He 
had committed no contempt of the House in doing so ; the 
Governor's conduct was not above the criticism of the 
humblest citizen. But all this was none of Mr. Marston's 
business as a minister of the church. He had no more 
right to arraign the government from his pulpit than the 
House had to arrest Landgrave Smith for opinions ex- 
pressed in private letters. But, burning to be prominent 
in all affairs, he again preached at the House, denouncing 
it as having proceeded illegally and arbitrarily against Mr. 
Smith; and ostentatiously visited Him while in the custody 
of the officer. Upon this the House, which appears on the 
other hand to have been ridiculously sensitive as to its 
dignity and unnecessarily disposed to assert it, summoned 
Mr. Mai-ston to its bar. The reverend gentleman appeared, 
but continuing in his controvei-sy, the Governor, Council, 
and House deprived him of his salary, and in doing so, 
thus addressed him : — 

"Now as to your Office and Ecclesiastical function 
we do not pretend to meddle with it, although by your 
Carriage of late you have deserved to be taken notice of, 


but we leave those matters to your Ecclesiastical Governors 
and Ordinary to proceed against you for this House doth 
not pretend to meddle with your Function. But for your 
imprudent carriage and behaviour above recited it's the 
Resolution of this House, and it's ordered that whereas 
£150 is to be paid yearly to the Minister or Incumbent 
of Charles Town by the Public Receiver that you be 
deprived of the Salary during the pleasure of this House, 
and that you continue so deprived until such time as by an 
Order of this House upon Amendment better Behaviour 
and Submission you be restored to the same." 

Mr. Marston refused to hear this censure and withdrew. 
The House from regard for his profession, as it declared, 
"did not order him into the custody of the messenger,'* 
but directed him to be served with a copy of the cen- 

When the Assembly met in October, none of those who 
had protested against the disqualifying act appeared at 
first in their seats. Much time was consumed in settling 
Mr. Marston's case. Notwithstanding Mr. Marston's con- 
duct, the churchmen proceeded to provide for the estab- 
lishment of religious worship in the province according to 
the Church of England. This much was undoubtedly con- 
templated by the charter and provided for in the Fundamen- 
tal Constitutions, which the dissenters were now represent- 
ing to the Proprietors to be the accepted law of the land. 
But in the measures proposed a clause was inserted, di- 
rected, as Governor Johnson subsequently admitted, to 
meet the case of Mr. Marston, " the pest of the country " 
as he termed him. Mr. Marston was undoubtedly the im- 
mediate cause of the provision, but Oldmixon, who so 
vehemently assails the act as uncanonical and unjust, in 
his account of the West Indies has given the strongest 

1 Dalcho's Ch. Hist., 67, 68. 


evidence of the necessity of some provision for the supei^ 
vision of clergymen coming out to the colonies. 

Mr. Ralph Izard — " honest Ralph " of Landgrave 
Smith's letter — introduced the bill. It was entitled " J.n 
act for the establishment of religious worship in this Prov- 
ince according to the Church of England^ and for the erect- 
ing churches for the public worship of God^ and also for 
the maintenance of ministers and the building of convenient 
Houses for them.'' ^ The act prescribed that the Book of 
Common Prayer and administration of the sacrament, and 
other rites and ceremonies of the church, the Psalter or 
Psalms of David, and Morning and Evening Prayer therein 
contained, should be read by every minister or reader set- 
tled and established by law, and that all congregations and 
places of worship, for the maintenance of whose ministers 
any certain income or revenue was raised or paid by law, 
should be deemed settled and established churches. 

Charles Town and the neck between Cooper and Ash- 
ley Rivers were made into a distinct parish by the name of 
the parisli of St. Philip's in Charles Town. The church 
in Charles Town (i.e. that which stood where St. Michael's 
now stands), and the ground thereunto adjoining enclosed 
and used for a cemetery or churchyard, were declared to be 
the parish church and churchyard of St. Philip's, Charles 

Berkeley County was divided into six parishes : " one 
in Cliarles Town, St. Philip's ; one upon the southeast of 
Wando River ; one upon that neck of land lying on the 
northwest of Wando and southeast of Cooper River ; one 
on the western branch of Cooper River; one upon Goose 
Creek ; and one upon Ashley River." Six churches were 
to be built, one in each of the five parishes outside of 
Charles Town, and one on the south side of Stono River 

1 Statutes of So. Ca., vol. II, 236 ; Dalcho's Ch. HisLt 68. 


in Colleton County, which territory was not, however, 
made into a parish. Lands were to be taken up from 
the Lords Proprietors, or purchased for glebes and recto- 
ries. The expense of building these churches, parsonage 
houses, etc., were to be defrayed out of any subscriptions 
made for that purpose ; the balance to be paid out of the 
public treasury. Supervisoi-s for building these churches 
and parsonages were appointed, with power to press bricks, 
or lime, and other material, and to compel carpenters, 
joiners, workmen, and laborers to work under the same 
provisions and penalties as were prescribed for building 
the entrenchments and fortifications of the town. The 
supervisore had also power to press slaves for work upon 
these buildings. In addition to the glebe, parsonage 
houses, negroes, etc., which should appertain to each, 
the incumbent of each parish church was to draw a salary 
of £50 per annum from the public treasury. It was pro- 
vided that the ministers of the several parishes should be 
chosen by the major part of the inhabitants of the parish 
that were of the religion of the Church of England and 
conformed to the same, and were either freeholders within 
the parish or contributed to the public taxes. Then fol- 
lowed the clause providing for the lay commission, with 
power to remove or suspend incumbents from their bene- 

As we have before intimated, though probably the ap- 
proximate cause, Mr. Marston's conduct was not the sole 
inducement to the enactment of the provision. The posi- 
tion of the clergy of the Church of England in the colonies 
was peculiar. The jurisdiction of the Bishop of London 
was generally acceded to in the American colonies, but 
not universally ; no provision had been made by the civil 
government or by the Church of England for the Episco- 
pal supervision of the clergy who came out to America. 



In the early settlement of Virginia, Bishop King, the then 
Bishop of London, who had taken great interest in that 
colony, had in consequence been chosen a member of the 
King's Council for that province. In this position it was 
but natural that in all ecclesiastical matters he should be 
consulted, and there grew out of his personal interest the 
recognition, to some extent, of his spiritual jurisdiction.^ 
Beginning probably in this way. Episcopal jurisdiction of 
the colonies was generally assumed by Bishop King's suc- 
cessors, the Bishops of London. Other reasons were also 
assigned for its suppoi-t. Here it was said to be because, 
as London was the commercial city of England, by a 
fiction the Bishop of London's jurisdiction went with 
London commerce. However originating, the Bishop of 
London's jurisdiction, or at least the right to his especial 
care and oversight, had hitherto been accepted and acted 
upon in the colony. Governor Blake and his Council, as 
we have just seen, acting upon it, had, upon the death of 
Mr. Mai-shall, immediately applied to Bishop Compton, 
asking him to send out a successor. But this jurisdiction 
was elsewhere questioned. It was disputed in Maryland,^ 
and was denied in the West Indies. In Jamaica it was 
barred by the laws of the colony, and the Governor, as the 
supreme head of the provincial church, not only inducted 

1 mst. Am. Ch. (Bishop Perry), vol. I, 74. 

Anderson, in his History of the Colonial Church, gives an otlier version. 
He attributes the origin of tlie Bishop of London's jurisdiction to a letter 
from Archbishop Laud to the merchants at Delph, and instructions to 
Mr. Beaumont to certify to the Bishop of London any disobedience of 
the King's ordinance enforcing the canons and liturgy of the church. 
(Vol. I, 410). He admits, however, that he cannot find any other meas- 
ure by which Virginia was formally constituted a i)art of the diocese of 
London than Bishop King's connection with the King's Council. Ibid., 

2 Maryland, Am. Commonwealth (Brown), 192; Anderson's Hist, of 
the Colonial Ch., vol. Ill, 179. 


clergymen into their benefices, but was vested with power 
also of suspending a clergyman for lewd and disorderly 
life upon the application of his parishioners.^ 

Fortunately for the church in South Carolina, as it hap- 
pened, blessed with the aid of the Society for the Propaga- 
tion of the Gospel, in the benefits of which she was the 
first of all the colonies to participate, and by the care of 
her Governor and Council, her clergymen generally were 
men of character fully worthy of their high calling. Gov- 
ernor Craven in 1712, recommending provision for their 
remuneration, could truthfully say : " We may boast as 
learned a clergy as any in America, men unblemished in 
their lives and principles, who live up to the religion they 
profess ; some of them have been long amongst us to whom 
a particular regard is due ; always indefatigable in their 
functions, visiting the sick, fearless of distempers and 
never neglecting their duty," etc.^ However contentious 
and contumacious was Mr. Marston, not even in his case, 
it must be recorded, was there breath of suspicion of im- 
moral conduct. But, unhappily, such had not been the 
character always of the clergymen of the church, who had 
been sent out to America. They had been often the out- 
casts of the church at home. Oldmixon himself, in his 
history of Jamaica, has given, on the authority of other 
writers and on his own testimony, a most deplomble ac- 
count of the clergy of that island. They were of vile 
character, and with few exceptions the most finished of 
all debauchees. They troubled themselves little about 
the church, the doors of which were seldom opened.^ The 
same complaint, he says, was general over all the colonies. 
In Maryland "the Reprobate Coode,"a blatant blasphemer 

1 Hist. West Indies (Bryan Edwards), vol. I, 208. 

2 Puhlir Records So. Ca. 

* British Empire in Am., vol. 11, 374-418. 



and drunkard, was intriguing and disturbing the peace of 
the Commonwealth, and the good Dr. Bray, the commis- 
sary of the Bishop of London, with his disputed title, found 
no easy task in his efforts at the reformation of others.^ 
Though the jurisdiction of the Bishop of London was not 
questioned in Virginia, even there the authority of his 
Commissary Blair was found a very insufficient substitute 
for the superintendence of a faithful bishop.^ Men repre- 
senting themselves as clergymen of the church presented 
themselves without letters, and there was no means of as- 
certiiining whether they really had orders. The litigious 
and erratic Marston was followed by a fugitive from Mary- 
land, Richard Marsden by name, who claimed to be a clergy- 


man, and accounted for the absence of his letters by the 
improbable story that they had been blown overboard by 
the wind at sea, when he was drying them after a storm.* 
It was in this condition of the Church of England in 
America, that the Governor and Assembly in South Caro- 
lina found themselves, while endeavoring to establish the 
church in the province, in actual contention with a clergy- 
man for whose support they were providing, while he was 
in open defiance of their authority. It is not improbable 
that had tliere been no trouble with Mr. Mai-ston, the pro- 
vision for removing incumbents, when necessary, would 
yet have l^een made, as similar provisions then existed in 
the West Indies. Mr. Mai*ston's conduct was, neverthe- 
less, the immediate inducement to its adoption. The rea- 

1 Martjland, Am. Commonwealth, 191. 

2 Virginia, Am. Commonwealth (Cooke), 332 ; Old Churches, etc., of 
Virginia (Bishop Meade), 10. 

* Hist. Am. Episcopal Church (Bishop Perry), vol. I, 377. 

When an English nobleman, it is said, asked a bishop why he con- 
ferred Holy Orders on such an arrant set of blockheads as some of those 
sent out to our colonies, he replied, "Because it was better to have the 
ground ploughed by asses than to leave it a waste full of thistles.'' 


son for the provision is thus set out in the preamble in the 
act.^ It recites: — 

** And whereas it may often happen that a rector or minister may 
be chosen pursuant to the Act ... of whose qualifications or dis- 
positions the inhabitants may have but small acquaintance or may be 
otherwise mistaken in the person, who may act contrary to what was 
expected of him at his election so that it is highly necessary to have 
a power lodged in some persons for the removing of all or any of the 
several rectors or ministers of the several parishes or to translate 
them from one parish to anotlier as to them shall seem convenient, 
otherwise in case any immoral or imprudent clergyman should happen 
to be appointed rector or minister of any parish the people would be 
without any remedy against him, or in case there should arise such 
incurable prejudices, dissentions, animosities and implacable offences 
between such rector or minister and his people, that all reverence for 
and benefit by his ministry is utterly to be despaired of (although he 
is not guilty of more grosser or sciindalous crimes) yet it may be very 
convenient to have him removed from being rector or minister of 
that parish to which he did belong, and where such dissentions and 
offences are arisen, otherwise great evils and inconveniences may 
ensue upon the same." 

With this recital of the occasion for the enactment, the 
clause provides : — 

"... That the commissioners liereafter named or the major part 
of them shall have power where they think it convenient (upon the 
request and at the desire of any nine parishioners tliat do confornui to 
and are of the religion of the Church of England and are i^ersons of 
credit and reputation, together with the rerjuest of the major part of 
the vestry of the parish, signified under their hand and reqnesting the 
removal of their rector or minister of such parish) to cite such minis- 
ter before them and to hear the complaints against such minister or 
rector allowing him reasonable time to make his defence and upon 
hearing of the same if the said commission or the major part of them 
shall think it convenient to remove such rector or minister, they are 
hereby authorized and empowered to do the same."^ 

^ Statutes of So. Ca., vol. 11, 240. 

2 An attempt was made to establish a similar Board of Lay Commis- 
sioners in Maryland. An act for the purpose passed both Houses of the 


Upon the passage of thb act it was moved "that any 
member may have liberty to enter his dissent against a 
vote or proceedings made in this House." But, on the con- 
trary, it was " Resolved that no member shall have leave 
to enter his dissent. " It has been objected that the act 
was in the nature of an ex post facto law.^ But no action 
was taken against Mr. Marston, under its provisions, for 
what had occurred previously to its passage. On the con- 
trary, Dalcho says, it does not appear that these proceed- 
ings of the General Assembly had much influence upon 
Mr. Marston's conduct. He was again arraigned before 
the House of Commons, February 5, 1704-1705, for having 
spoken falsely to the prejudice of Major Charles Colleton, 
a member, and it was resolved that lie had been guilty of 
high breach of privilege, and that his assertions were false 
and malicious. A motion was made, February 8, to bring 
in a bill to displace him "for his imprudent behaviour 
in general and his reflection on the honour and justice of 
this House since the last censure by the Geneml Assem- 
bly." This motion was, however, lost, but another vote 
of censure passed. It was not until the next year, 1705, 
that Mr. Mai-ston was arraigned before the Board of Lay 
Commissioners and deprived of his living.^ 

The act imposing a religious test was to operate on the 
members of the Assembly to be chosen; fortunately, there 
was no such objectionable feature in another important 
measure of this time upon the same subject, i,e, " An act to 
regulate the manner of elections.'' ^ Until 1696 tliere had 
been no statutoiy provision regulating elections, except 

Provincial Assembly in 1708. Anderson's Hist, of the Colonial Ch.^ vol. 
Ill, 180. 

1 Hist. Sketches of So. Ca. (Rivers), 220. 

a Dalcho's Ch. Hist., 62, 63. 

^ Statutes of So. Ca.<, vol. II, 249. 


those contained in the Fundamental Constitutions, which 
had never been in operation. During Ludwell's adminis- 
tration, an act upon the subject had been passed ; but it 
had been disallowed by the Proprietors.^ Elections had 
been hitherto conducted under the directions of the pre- 
cepts of the Governor, in pursuance of the instructions of 
the Proprietors. Thus we have seen Sothell admitting the 
Huguenots to vote, and Archdale excluding them. Elec- 
tions had, however, as has appeared, always been conducted 
by ballot.^ The act of 1796 has not been preserved. We 
only know of it from the repealing clause of an act of 
1704, which is the first upon the subject which has come 
down to us.^ This was entitled "^w act to regulate the 
elections of members of the Assembly, ^^ This act, which, 
it will be observed, was one to retjulate elections of mem- 
bers of the Assembly, recognizes the use of the ballot as the 
manner of elections existing at the time of its passage. It 
does not prescribe the use of ballots anew, but provides for 
their preservation from one day to another, during the 
continuance of the election. In the clause directing the 
sheriff to publish his precept, or writ, it is true, it is pro- 
vided " and all voices or votes given before such publica- 
tions are hereby declared void and of no force," and in 
that requiring the elections to be held in public, it is said 
"that no person whatsoever, hereby qualified to vote, shall, 
being absent from the place of election, give his voice or 
vote by proxy, letter or any other way whatsoever, but shall 
be present in person, or his voice to be taken for none." 

It is manifest that voice and written vote, i.e. ballot, are 
used here synonymously ; for one could not send his nat- 
ural voice by proxy or letter, nor could his voice be taken 

1 Hist. Sketches of So. Ca. (Kivers), Appendix, 487. 

^ Ante^ p. 198 et seq. 

8 Statutes of So. Ca., vol. II, 130, 249. 


for any if absent. That the term " voice " is used in this 
sense is made still more clear from the clause providing 
that the elections shall continue for two days, which pre- 
scribes that the Sheriff at " every adjournment shall seal up 
in a paper bag or box all the votes given in that day in the 
presence of and with the seals of two or more of each con- 
tending party and the same shall break open at the next 
meeting," etc. The phonograph had not been conceived 
at that time, and the paper bag or box would scarcely 
have retained during the night and emitted the voices 
when the seals were bi*oken open the next morning. 

The qualifications prescribed for a voter were that the 
person must be twenty-one years of age and own fifty 
acres of laud, or the value of £10 in money, goods, chat- 
tels, or rents, and have resided in the precinct in which 
he offered to vote three months before the date of the 
writs of election, to which qualifications he was required 
to make oath. Elections were to continue for two dsiys, 
and to be held in public. Carrying out the analogy to the 
House of Lords in England, no Pioprietor or deputy of a 
Proprietor was allowed to vote. No alien born out of the 
allegiance of the Queen was qualified to be a member of 
the House. 



Mr. Ash, who had been hurried off by the way of Vir- 
ginia to avoid his being detained by the Governor, had 
arrived in England and applied at once to Lord Granville, 
the Palatine ; but finding that his Lordship was entirely 
in the interest of the church party in Carolina, and de- 
spairing of obtaining from that source redress of the griev- 
ances of which he had come to complain, he drew up the 
representation and address of the Colleton members of the 
Assembly, from which so much has been quoted, and was 
superintending the printing of it, but died before it was 
completed.^ The paper, though addressed to Lord Gran- 
ville, was no doubt designed to reach higher authority 
than the Proprietors. Oldmixon admits that Mr. Ash 
may have represented things with too much partiality;^ 
and Archdale says that he was not a person suitably quali- 
fied for his mission, not that he wanted wit, but temper.^ 

Upon Mr. Ash's death Mr. Joseph Boone was sent. Mr. 
Boone, upon his arrival in England, found that he had not 
left behind him in Carolina the excitement and passions 
engendered by the religious controversy which distracted 
the province. He had, indeed, but come to its source, 
and found it raging in England with greater violence 

^ British Empire in Am.j vol. I, 482. 
a Ibid.. 483. 

« Carroll's Coll., vol. II, 112. 



than at home. It so happened that contemporaneously 
with the passage of the church act in Carolina (November 
4, 1704), of which lie had come to complain, the Tory 
House of Commons in England had been making another 
vigorous effort to enact the " Occasional Conformity Bill." 
Parliament had met on October 29, and notwithstand- 
ing all the efforts of the ministry to induce the leading 
men of the High Church party to restrain their zeal till 
they might have an opportunity of gratifying it without 
embari-assing the public business, the measure was at 
once again introduced, and passed to a second reading. 
At this stage, well aware that it would be rejected by 
the House of Lords, upon its own merits, as it had been 
twice already, it was tacked to a tax bill, so that the Lords 
would be obliged to reject the tax bill as well as the 
Occasional Conformity bill, or to pass the one with the 
other; it being a fundamental principle that the Lords 
could not alter a money bill, but must adopt or reject it 
as it was sent to them. Connecting this church matter 
with a supply bill necessarily involved Marlborough's 
operations, and it would, it was said, give the French King 
almost as great an advantage as Marlborough had gained 
over him a few months before at Blenheim. On the other 
hand, it was wittily said that the supplies were offered as a 
portion annexed to the church as in a marriage, and they 
did not doubt but that the court would exert itself to 
secure its passage when it was accompanied with two 
millions as its price. The bill passed the Commons on 
the 5th of December after a long debate, and was sent 
to the House of Lords. But the House of Lords would 
not be intimidated; on the 14th of December the supply 
bill with its tack was rejected.^ 

This, the first Parliament of Queen Anne, was about to 

1 ParL Hist, vol. VI, 359-368. 


expire by the limitatioo of the biennial act. A proclama- 
tion was accordingly issued on April 5, 1705, for dissolv- 
ing it, and on the 23d another was published calling a 
new Parliament. It was during the excitement of the 
election for the new Commons that Mr. Boone arrived in 
England. Before we take leave of this Parliament, how- 
ever, it is most interesting to observe that another subject 
of debate in Carolina had also been before that body. 
Among the bills which fell with the session, though not 
actually rejected, was one offered for the naturalization 
of some hundred Frenchmen, to which the Commons 
added a clause disabling the persons so naturalized from 
voting in elections of Parliament. This was done, though 
it was observed that these people in England gave in all 
elections their votes for those who were most zealous 
against Fi-ance. ' The Commons, nevertheless, did not be- 
lieve that they could be so impartial to the interests of 
their native country as to be trusted with a share in the 
government of England.^ 

The elections of the members of the House of Commons 
was conducted with the greatest zeal on both sides. The 
clergy took pains to infuse into all minds the great dan- 
gers to which the church was exposed. The universities 
were inflamed with the same idea, and took all possible 
means to spread it over the nation. The danger to the 
Church of England grew to be the watchword as in an 
army. Men were known as they answered it. Books 
were written and distributed with great industry to im- 
press upon all people the apprehension that the church 
was to be given up, that the bishops were betraying it, 
and that the court would sell it to the dissenters. A me- 
morial of the Church of England, written by some zealous 
churchman, was printed and spread abroad, setting forth 

1 Pari. Hist, vol. VI, 337. 


her melancholy situation and distress. The dissenters, on 
the other hand, who had formerly been much divided, 
were now entirely united, and joined with the Whigs 
everywhere.^ It was in the midst of this excitement that 
Mr. Boone appeared upon the scene in the interests of the 
dissentei*s of South Carolina. 


Mr. Boone was a merchant trading with London, and 
there he induced the principal merchants in the Carolina 
trade to join him in a second representation of the dis- 
senters' case. He also applied to Lord Granville, the Pala- 
tine, to be heard by the Proprietora. But, as we have 
already seen, it was no easy matter to get a meeting of 
that body even in quiet times to transact the ordinary and 
necessary business of the colony. It was still more dif- 
ficult to do so at this time of political turmoil, especially 
when the purpose of the meeting was to hear a protest 
against a measure which was warmly approved, if it had 
not been actually suggested, by the Palatine himself. It 
was seven weeks before he could succeed in having a 
meeting called.^ 

The Proprietors at this time were : John Lord Granville, 
Palatine ; William Lord Craven ; John Lord Carteret (then 
a minor); Maurice Ashley, representing his brother, the 
Earl of Shaftesbury ; Sir John Colleton ; Joseph Blake (a 
minor) ; Nicholas Trott of London, and John Archdale.^ 

When at last a meeting was obtained, Mr. Archdale, we 
are told, opposed the ratification of the bill against the 
dissenters with such solid reasons that it is amazing to 
find the Palatine so shortly answering them.* Mr. Arch- 
dale soon after wrote an account of the province, in which 

1 Pari. Hist., vol. VI, 442. 

* British Empire in Am., vol. I, 486. 
« Carroll's Coll., vol. IT, 115. 

* British Empire in Am., vol. I, 486. 


he treats mainly of this controversy; but his style is so 
loose and rambling that it is difficult to extract from it the 
reasons, solid or otherwise, he urged upon the occasion.^ 
But whatever they were, Lord Granville replied to him 
very curtly : " Sir, you are of one opinion, I am of another, 
and our lives may not be long enough to end the con- 
troversy. I am for the bill, and this is the party I will 
hear and countenance." Mr. Boone then asked that he 
might be heard by counsel. To this Lord Granville 
replied : " What business has counsel here ? It is a pruden- 
tial iU5t in me, and I will do as I see fit. I see no harm at 
all in this bill and I am resolved to pass it." ^ 

The acts were approved by Lord Granville for himself, 
and for the minor Lord John Carteret, Lord William 
Craven, and Sir John Colleton. Joseph Blake was a minor 
in Carolina. It is not known what part Maurice Ashley or 
Nicholas Trott of London took in the discussion ; or even 
that they were present. The Proprietors, approving the 
acts, wrote to Sir Nathaniel Johnson : '* Sir the great and 
pious work which you have gone through, with such 
unwearied and steady zeal, for the honor and woi-ship of 
Almighty God, we have also finally perfected on our part ; 
and our ratification of that act for erecting churches, &ct 
together with duplicates of all other dispatches, we have 
forwarded to you " etc.^ 

The Tories in England had outwitted themselves and 
overstrained their power in their futile efforts to tack the 
measure against the " occasional conformity " of the dis- 
senters upon the supply bill. Devoted to the church as 
were the people generally, they were at this time pecul- 
iarly jealous of the honor of the country, and zealous in 

iCarroirs Coll, vol. II, 114. 

2 British Empire in Am., vol. I, 481. 

* Hewatt's Hist, of So. Ca., vol. I, 170. 


the support of the war. They resented the spirit which 
would have dimmed the lustre of Blenheim in order merely 
to maintain power. The odium of indifference to the 
glories of Marlborough and the army in Germany was too 
heavy a burden for the Tories to bear. The result of the 
election was a large majority in favor of the war, and a 
coalition between the moderate men of both parties. The 
High Church party had lost its power; but the people 
were still sensitive upon the subject of the safety of the 
church. The danger of the church was the subject of a 
great debate in both Houses of the new Parliament and 
of a proclamation by the Queen. It was resolved by the 
House of Lords that the church was in no danger, and so 
her Majesty proclaimed, but among the dissentients to 
the resolution was Dr. Compton, Bishop of London ; and 
one of the dangers his Lordship declared was "the 
want of a law to prevent any person whatsoever from 
holding offices of trust and authority both in church and 
state who are not constantly of the communion of the 
church established by law." ^ 

In this condition of public opinion in England, Mr. 
Boone, the representative of the dissenters, himself a rigid 
one, not content with the cause of his own people, assumed 
also the championship of the church in Carolina, and par- 
ticularly of Mr. Marston, as against that of the Governor, 
Council, and Commons of South Carolina. Early in 1706, 
he presented a memorial in behalf of himself and many 
other inhabitants of the province of Carolina, and also of 
several merchants of London trading to Carolina, to the 
House of Lords, which was still the stronghold of the 
Whigs.^ The memorial set forth : — 

1 Pari Hist, vol. VI, 479-507. 

2 Dalcho's Ch. Hist., 04 ; Colonial Becords of No. Ca., vol. I, 637. 


** That when the Province of Carolina was granted to the Proprie- 
tors, for the better peopling of it, express provision was made in the 
charter for a toleration and indulgence of all christians in the free 
exercise of their religion ; that in the Fundamental Constitutions 
agreed to be the form of government by the Proprietors, there was 
also express provision made, that no person should be disturbed for 
any speculative opinion in religion, and that no person should on 
account of religion be excluded from being a member of the General 
Assembly or from any other office in the civil administration. That 
the said charter being given soon after the happy restoration of King 
Charles II and reestablish men t of the Church of England by the 
Act of Uniformity, many of the subjects of the Kingdom who were so 
unhappy as to have some scruples about conforming to the rites of 
the said Church, did transplant themselves and families into Carolina; 
by means whereof the greatest part of the inhabitants there, were 
Protestant Dissenters from the Church of England, and through the 
equality and freedom of the said Fundamental Constitutions, all the 
inhabitants of the colony lived in peace, and even the Ministers of 
the Church of England had support from the Protestant Dissenters, and 
the numV>er of inhabitants and the trade of the colony daily increased 
to the great improvement of her Majesty's customs, and the inanifest 
advantage of the merchants and manufacturers of the kingdom. 

" But that in the year 1703 when a new Assembly was to be 
chosen, which by the constitution, is chosen once in two years, the 
election was managed with very great partiality and injustice, and all 
sorts of people, even aliens, Jews, servants common sailors and 
negroes were admitted to vote at elections ; That in the said Assem- 
bly an act was passed to incapacitate every person from being a mem- 
ber of any General Assembly that should be chosen for the time to 
come, unless he had taken the Sacrament of the Lord's supper accord- 
ing to the rites of the Church of England ; whereby all Protestant 
Dissenters are made incapable of being in the said Assembly; and 
yet by the same act all persons who shall take an Oath that they have 
not received the sacrament in any Dissenting Congregation for one 
year past, though they have not receiv^ed it in the Church of England, 
are made capable of sitting in the said Assembly; That this act was 
passed in an illegal manner, by the Governor calling the Assembly to 
meet on the 2.^>th of April, when it then stood prorogued to the 10th 
of May following : That it hath been ratified by the Lords Proprie- 
tors in England who refused to hear what could be offered against it, 
and contrary to the petition of 170 of the chief inhabitants of the 



Colony, and of several eminent merchants trading hither, though the 
Commons of the same Assembly quickly after passed another bill to 
repeal it, which the upper House rejected ; aud the Governor dissolved 
the House. 

*' That the Ecclesiastical government of the colony is under the 
Bishop of Tendon ; but the Governor and his adherents have at last 
done what the latter often threatened to do, totally abolished it : for the 
same Assembly have passed an act whereby twenty lay persons therein 
named are made a corporation for the exercise of several exorbitant 
powers to the great injury and oppression of the people in general 
and for the exercise of all ecclesiastical jurisdiction, with absolute 
power to deprive any Minister of the Church of England of his bene- 
fice, not only for immorality, but even for imprudence or incurable 
prejudices l)etween such minister and his parish ; and the only Minis- 
ter of the church established in the Colony, Mr. Eklward Marston, 
hath already been cited before their Board, which the inhabitants of 
the province take to be an high ecclesiastical commission-court de- 
structive to the very being and essence of the church of England, and 
to be held in the utmost detestation and abhorrence by every man 
that Ls not an enemy to our constitution in Church and State. 

" That the said grievances daily increasing your petitioner Joseph 
Boone is now sent by many principal inhabitants and traders of the 
Colony, to represent the languisiiing and dangerous situation of it to 
the Lords Proprietors ; but his application to them has hitherto had 
no effect : That the ruin of the colony would be to the great disad- 
vantage of the trade of the kingdom, to the apparent prejudice of her 
Majesty's customs, and the great benefit of the French who watch 
all opportunities to improve their own settlements in those parts of 

None can be found at this day to approve the sacramen- 
tal test proposed in Carolina for the qualification of elec- 
tors, or the attempted prohibition of occasional conformity 
in England. But this memorial is certainly a curious docu- 
ment to have been presented by a Puritan, a Roundhead, 
and follower of the Blakes, in behalf of those who had 
left England because of the Stuarts and the reestablish- 
ment of the church there. If Mr. Boone and those whom 
he represented could truthfully invoke "the happy res- 

t'Ni»i:i: THK ntoi'iMiM'AKV (;()\'i:i;nmi:\ r {'-V-l 

toratiou of King Charles II," and express their satisfaction 
" at the reestablishment of the Church," why had they left 
England because of ^' their scruples about conforming to 
its rites"? Did they really rejoice at the overthrow of 
the Commonwealth and the restoration of the Royal 
family ? Could they candidly appeal to the equality and 
freedom of the Fundamental Constitutions, which ex- 
plicitly established the church ? It was not true that the 
charter prescribed a toleration and indulgence of all 
Christians. What it did, as already pointed out, was to 
give authority to the Proprietors to grant such indul- 
gences and dispensations as in their judgment were fit and 
reasonable. To such persons as the Proprietors should 
thus indulge, leave was given freely and quietly to en- 
joy their consciences in matters of religion, " they behav- 
ing themselves peacefully and not using their liberty to 
licentiousness or to the disturbance of others." ^ But this 
indulgence which the Proprietors were authorized to allow 
did not by any means necessarily carry with it the right 
to vote at elections or participate in the government. 
The elective franchise was not then, nor indeed is it to- 
day, regarded in England as an inherent right of citizen- 
ship, necessarily accompanying liberty of conscience in 
religious matters. 

But still more singular is it that Mr. Boone and his co- 
petitionei*s — dissentei-s all — should have assumed the 
defence of the church as well as the carriage of their 
own burdens of discontent, and have undertaken to main- 
tain the ecclesiastical jurisdiction of the Bishop of London 
over the colonies in America, and to resent the incorpora- 
tion of the Lay Board and its powers. This last, indeed, 
is the most remarkable of all the strange features of the 
paper, considering its source. Mr. Boone and his people 

1 Ante, Chap. III. 


in Carolina were Congregationalists, or Independents, the 
very essence of whose doctrine was the repudiation "of 
the authority of pope, prelate, presbytery, prince, or Par- 
liament," and antagonism to the Episcopal authority of 
the Church of England. Surely, it might have been sup- 
posed that such religionists would have hailed the assei^ 
tion of the authority of the laity of the Church of England 
in Carolina to free themselves from unworthy or unfit 
clergymen as a vindication to that extent of their own 
church polity, — from whence, indeed, it was doubtless 
derived. But, on the contrary, we find this document 
resenting the interference of the laity with Episcopal 
authority, and declaring that the inhabitants of the prov- 
ince, including, of course, the Independents themselves, 
take this board ^^ to be an high ecclesiastical commission- 
court destructive to the very being and essence of the 
church of England, and to be held in the utmost detesta- 
tion and abhorrence by every man, that is not an enemy 
to our constitution in Church and State." 

The insincerity of the memorialists is obvious. It was 
quite on a par with that of the churchmen, who, while 
prescribing that no dissenter should vote who did not 
submit himself to conformity with the church, evidenced 
by communing at its altars, provided a saving clause, 
exempting themselves from a compliance with their own 
requirements. In the one case, as in the other, religion 
was made the stalking-horse of political power. 

But the Whig House of Lords, to which Mr. Boone 
now appealed, self-righteously indignant at the attempt 
of the churchmen in Carolina to follow the example of 
the Tories in England to weaken their influence by 
excluding nonconformists from the voting power, over- 
looked the incongruity of the petitioners and their peti- 
tion, and hastened at the close of the session, which the 


establishment of the union with Scotland now rendered 
necessary, to espouse their cause. On the 12th of March, 
1706, their Lordships voted an address to the Queen upon 
the subject. In this address it is declared : ^ -7- 

First, that it was the opinion of the House that the act 
of the Assembly of Carolina, for the establishment of 
religious worship, " so far forth as the same relates to the 
establishment of a Commission for the displacing of Rec- 
tors or Ministers of the Churches there, is not warranted 
by the Charter granted to the Proprietors of that Colony, 
as being not consonant to Reason, repugnant to the Laws 
of this Realm, and destructive to the constitution of 
the Church of England." 

Secondly, that it was the opinion of the House that 
the act requiring all persons chosen members of the Com- 
mons House of Assembly to conform to the religious wor- 
ship of the province, and to receive the sacrament of the 
Lord's Supper according to the rites of the Church of 
England "is founded upon falsity in matter of fact, is 
repugnant to the Laws of England, contrary to the Charter 
granted by the Proprietors of that Colony, is an encourage- 
ment to Atheism and Irreligion, destructive to trade, and 
tends to the depopulating and ruining of the Province." 

Whereupon their Lordships prayed her Majesty to de- 
liver the province from the arbitrary oppressions under 
which it now lies ; and to order the author to be prose- 
cuted according to law. They also represented to her 
Majesty how much the powers given by the Crown have 
been abused by some of her subjects ; but justice required 
them, they said, to inform her Majesty that some of the 
Proprietors had refused to join in the ratification of these 
acts. They also informed her Majesty that other great 
injustices and oppressions were complained of which it was 

1 Colonial Records of No. Ca. , vol. I, 634 ; Dalcho's Ch. Hist,, 66. 


not possible for the House, so near the conclasion of the 
session, to find time to examine, and therefore presumed 
to lay the petition itself before her ; and could not doubt 
but that her Majesty, who had shown so great a concern 
and tenderness for all her subjects, would extend her 
compassion to her distressed people who had the misfort- 
une to be at so great a distance from her Royal person, 
and not so immediately under her gentle administration. 

The Queen thanked the House for laying these matters 
so plainly before her, expressed herself as very sensible 
of the great consequence the plantations were to England, 
and promised that she would do all in her power to relieve 
her subjects in Carolina and protect their rights. 

On tlie 3d of April Sir Charles Hedges, one of the 
Secretaries of State, a favorite of the Queen, whom the 
Duchess of Marlborough was now pushing out of the way 
for her son-in-law Sunderland, wrote to the Board of 
Trade referring the address of the Lords to that body, 
and desiring its opinion as to the method proper to be 
taken for the relief of her Majesty's subjects. The boai*d, 
which, as we have seen, was ever on the alert to find 
some cause for the forfeitures of colonial charters, readily 
undertook the business and referred the papers to the 
two law officei-s of the Crown, the Attorney General, Sir 
Edward Northey, and the Solicitor General, Sir Simon 
Harcourt, for their opinion.^ These law officers, on the 17th 
of May, gave it as their opinion that the acts in question, 
not being consonant to reason, and being repugnant to 
the laws of England, were not warranted by the char- 

1 Lord Campbell, writing of the changes in the cabinet upon the result 
of the election of 1705, says: ** Northey the Attorney General was con- 
sidered quite unequal to the post even if there had been no objection to 
his politics. . . . Harcourt the Solicitor General was a man of great tal- 
ents and of high honor." — Lives of the Lord Chancellors^ vol. V, 166. 


ter and were made without sufficient authority from the 
Crown, and therefore did not bind the inhabitants of the 
colony; that her Majesty might therefore lawfully declare 
those laws null and void and require the Proprietors and 
Assembly of the province to abrogate them. They were 
further of the opinion that the making of such a law was 
an abuse of the power granted the Proprietors and effected 
a forfeiture. They were of opinion tliat her Majesty 
might proceed by scire facias in chancery on the pat- 
ents, or by quo warranto in the Queen's Bench, "if," they 
were careful to add, "the laws were approved and confirmed 
by the present proprietoi-s which doth not fully appear to 
have been so by the said address." This, as we shall see, 
proved to be an embarrassing point. On the 10th of June 
her Majesty, in council, directed Mr. Attorney and Mr. 
Solicitor General to inform themselves more fully upon 
what was necessary for the effectual proceeding against 
the charter by quo warranto. On the 13th an order of 
council was made directing the Lords Proprietors to de- 
clare the objectionable acts null and void. 

So far all had gone well with the petitioners, and the 
Board of Trade had reason to hope that the charters 
against which they had so long and so earnestly been 
contending would now be annulled. But just here two 
curious obstacles appeared to save the Pjoprietors' rights. 
The first was intimated by the law officei"s in the closing 
sentence of their opinion. It so happened that the acts 
had been nominally approved by but four of the Proprie- 
tors, of whom one, indeed, was a minor. These were Tories. 
Of the other Proprietoi-s Archdale had protested against 
the laws. Shaftesbury was in ill health and in retirement, 
and neither his brother Maurice Ashley, who represented 
him, nor Blake, who was a minor, had had any part in the 
enactment of these measures. Were these innocent parties, 


some of whom were Whigs, to be punished for the con- 
duct of the Tory Lords Granville and Craven and Sir John 
Colleton ? Were the minors Carteret and Blake and the 
invalid Shaftesbury to suffer for the conduct of others in 
which they had no part? But not only so: as the law 
officei-s, under the orders of her Majesty in council, looked 
into the matter more fully, they began to doubt whether 
they could deal with the only parties who were responsi- 
ble for the objectionable measures ; for these were peers 
of the realm, and though the Whig House of Lords had 
in the rush of business at the close of a session let the 
address to her Majesty pass, it might possibly not be safe 
to take them too seriously at their word, and to do a thing 
which might affect the privileges of their order. 

Under the order of the 10th of June, the Attorney and 
Solicitor Generals reported to a Council held on the 26th 
that, though they had not suflBcient material to carry on 
the prosecution to an end, they had sufficient to exhibit 
informations, and were preparing the same ; but at the 
same time they suggested to the Council whether the fil- 
ing such informations against a peer in Parliament might 
not be thought a breach of the privileges of the peemge. 
This view struck the Council, and her Majesty having 
taken it into consideration, the Council quickly changed 
their course and came to the conclusion that the House 
of Peel's were the best judges of their own privileges; 
upon which her Majesty did not think fit to give any 
further directions, and the whole matter was dropped.^ 

Upon the passage of the Church act establishing the 
five new parishes, Governor Johnson and his Council had 
empowered Mr. Thomas, who was returning to England 
on private affairs, "to make choice of five such peraons 
as he should think fit, learned, pious, and lalx^rious minis- 

1 Colonial Records of No. Ca., vol. I, 040, 044 ; Dalcho's Ch. Hist., 09. 


ters of the church to officiate in the vacant parishes." In 
doing this Mr. Thomas consulted the Society for the 
Propagation of the Gospel, and submitted what the so- 
ciety pronounced to be " a very full and satisfactory ac- 
count of the state of the church in South Carolina." 
But he drew attention to the objectionable clause of the 
act establishing the church which placed in the hands of 
lay commissioners the power of removing the clergy. 
The society referred the matter to the Archbishop of 
Canterbuiy and the Bishop of London, and determined to 
"put a stop to the sending ministers . . . into those parts 
till . . . fully satisfied that the . . . clauses are or shall 
be rescinded, and that the matter put into an ecclesiastical 
method." When, however, afterward Governor Johnson 
and his Council explained that the provision had been 
"made to get rid of the incendiaries, and pest of the 
church, Mr. Marston," and that had the society known 
the facts of the case, it would not have blamed them " for 
taking that or any other way to get rid of him," and that 
Mr. Boone, who in this matter was apparently so zealously 
championing the cause of the church, was " a most rigid 
dissenter," who, while pretending to defend the rights of 
the clergy, was really endeavoring to defeat the act, 
"because it established the church . . . and settled a 
maintenance on the ministers," they were evidently satis- 
fied ; for they sent back with Mr. Thomas, in 1705, Mr. 
Thomas Hasell in the same year, and Mr. Francis Le 
Jau in 1706, before the act was repealed.^ 

Of these measures, which caused so much contention 
and discussion both at home and in England, the first, 
that requiring conformity with the Church of England 
on the part of the electoi*s of the Commons, was a measure 
originating in the politics of the mother country, but readily 

1 Digest Soc. Prop. Gospel liecords, 13, 14, 849 ; Dalcho's Ch, Hist., 69. 


adopted by the churchmen in Carolina, to wrest and secure 
the control of the province from the dissenters. During the 
last fifteen years there is little doubt but that the dissenters 
had been a majority in the colony, and were the richest 
and soberest amongst them. From the arrival of Blake, 
Morton, Axtell, and their followers they had governed the 
colony ; and it was with chagrin that they saw the new 
arrivals from England and the West Indies joining with the 
Huguenots to supersede their rule. Hence the bitter oppo- 
sition to these people, whom, though like themselves exiles 
for religion's sake, they were contunieliously classing with 
negroes and the lowest of the whites. There is no evi- 
dence that the dissentei"s now constituted two-thirds of 
the population as asserted by Mr. Marston.^ On the 
contrary, as we have seen, those who conformed to the 
Church of England constituted very nearly one-half of 
the population ; and it is not to be assumed that all the 
non-conformists were united, differing as they did amongst 
each other. The very vehemence of their opposition 
to the French Protestants is a persuasive argument that 
they recognized that the pending union between the 
churchmen and Huguenots would constitute a governing 
majority of the colony. 

The attempt of the churchmen to secure their supremacy 
by the exclusion of the dissentere, under the test of con- 
formity to the church, wtis unwise, impolitic, and improper. 
But in the end it proved to be a matter of political ethics, 
not of constitutional right. The weak opinion of the 
Attorney General and Solicitor General clearly exhibits 
this. They rest their objection to the measure upon the 
clause of the charter requiring the laws of the province 
to be as near as may be to those of England, — an elastic 
provision, capable of indefinite contraction or expansion 

^ British Empire in Am.y vol. I, 4S6. 


as the purposes of party might require. They find that the 
provision of the law of Carolina, accomplishing the purpose 
in this province, — the same that the Commons had again and 
again attempted at home, to be so contrary to the laws of 
England as to be in violation of the provision of the charter. 
And yet, at this very time, Chief Justice Holt, while hold- 
ing that slavery was so abhorrent to the laws of England 
that every slave was made free upon touching her soil, 
was upholding the slave tmde in the interests of the mer- 
chants of Loiudon, and declaring negro slaves merchandise 
under the navigation acts, and salable and recoverable 
property in the colonies.^ If Attorney General Noi-they 
and Solicitor General Harcourt were right, that the adop- 
tion by a colony of a measure which had been over- 
whelmingly and repeatedly approved by the Commons in 
Parliament was such a departure from the law of Eng- 
land as to be a violation of its charter, what was to be said 
of the courts of England, then and afterwards, upliolding, 
in regard to slavery, one law for the colonies and another 
for the mother country? It is not improbable that the 
law officers of the Crown l)egan to perceive some of these 
difficulties, and were glad to abandon the controversy 
under the plea of tlie privilege of the peers. 

The other measure was more of a local one, — one fully 
justified by the condition of the church in the colonies; 
nor was it, as declared by the address of the Lords in 
extravagant language, in violation of the constitution of 
the Church of England. Deprivation and degradation are 
two very different matters in all ecclesiastical laws. The 
latter can only be imposed by an ecclesiastical court. The 
former must depend upon the law of the benefice or "liv- 
ing," as a matter of property. The lay commission had 
no power to suspend, deprive, or depose a clergyman from 

1 Salkeld's Reports, 666 ; Bancroft, vol. II, 279 (ed. 1883). 


his saci*ed function ; but, as representing the body which 
furnished the means of living, it was authorized to inquire 
into cases of unworthiness of the support it provided. In 
the absence of a bishop or any other ecclesiastical author^ 
ity, the act provided a board to hear and decide dif- 
ferences between congregations and their rectors. In 
England, proceedings of deprivation were generally had 
in the ecclesiastical courts, but these were always subject 
to the courts of common law which regulated them, and 
sentences were pronounced by the bishop with the assist- 
ance of his chancellor and dean, if their presence might be 
conveniently had. The general rule no doubt was that 
there could be no deprivation without precedent ecclesi- 
astical sentence. But the rule was by no means universal. 
There were divei-s statutory offences, some of nonfea- 
sance or neglect as well as others for malfeasance, and 
crimes such as failure to read the liturgy and articles and 
to make declarations against popery, improper absence, 
simony, etc., wliich needed no ecclesiastical sentence, but 
which ipso facto worked deprivation and loss of benefice.^ 
The Bishop of London's jurisdiction in the colonies was 
at this time questioned, as we have seen ; and justly so, 
as it was ultimately lield by the Privy Council in Eng- 
land.2 In Jamaica, where it was barred by statute, the 
Governor, as head of the provincial church, as the repre- 
sentative of the King of England, not only inducted 
clergymen into their rectories, but was likewise vested 
with the power of suspending clergymen for lewd and 
disorderly lives upon application of ten parishionei'S.® The 

1 Buriis\s Eccle8ia8tic<il Law^ vol. II, 126 ; Dwyer's Reports, 276 ; 
Jacob's Law Die. Title, Deprivation. 

2 y. r. Col. Doc, vol. VII, 3()a 

« Hist. West Indies (Bryan Edwards), vol. I, 208, ^iS. 

In Virginia the Governors Effingham, Nioholsou, and Spottswood 


Carolina act gave this power to the lay commissions in- 
stead of to the Governor. Was it not proper, there being 
no bishop in Carolina, that where the General Assembly 
was taxing this people to support and maintain the clergy, 
providing them with parsonages, glebe lands, and negroes 
to work the glebe lands, all at the expense of the public, 
some court should be provided to hear complaints against 
rectoi*8 or ministers of the several parishes, and to re- 
move or translate them for good cause? The Governor 
in Jamaica could remove upon the application of ten 
parishioners ; under the Carolina act the application must 
be made by nine under the sanction of the vestry, an 
additional safeguard to the clergy. Was Mr. Marston to 
be allowed to meddle with this affair of the government, 
assail its members from the pulpit, comparing them to 
Korah and his rebellious brethren, and the people have 
no power to remove him ? Would not any vestry to-day 
sever the connection between their rector and their church 
for causes mentioned in the act? Do they not do so habit- 
ually? The act in question, in fact, provided a protec- 
tion to the clergyman, in that it would not allow him to 
be displaced, as he is practically to-day by the vestry, 
whenever differences arise between the congregation and 
himself. Dr. Dalcho, while maintaining that Mr. Marston 
was removed by a power having no canonical jurisdiction 
in ecclesiastical affairs, admits that " he owed his removal 
to his imprudent and litigious disposition." 

claimed to be the representatives of the King in Cliurch and State, and 
patrons of all the parishes, also to be the representatives of the Bishop of 
London, having the disposal of the ministers and tlie exercise of discipline 
over the clergy, thus making the office of the commissary a nullity. Old 
Churches and Families in Virginia (Bishop Meiwie), vol. I, 150. 

In Maryland the right of induction and presentation were both cen- 
tred in the Governor alone. The conunlssary could only remonstrate. 
Anderson's History of the Colonial Church, vol. Ill, 178. 


But if the Carolina act was so obnoxious to the consti- 
tution of the Church of England as to be ground for a 
forfeiture of its charter, why was not that of Jamaica to 
be forfeited as well? The opinion of the law officer of 
the Crown could not have been sustained before the 
courts in either of the cases. It was well for the gov- 
ernment that so convenient an excuse for dropping the 
case was so easily found. 

The Queen had ordered the Proprietors to have these 
measures repealed. Her Majesty's power to do so might 
well have been questioned. But while the Proprietors, 
divided among themselves into two as distinct parties as 
the colonists themselves, had now escaped a threatened 
forfeiture of tlieir charter, they recognized the danger of 
the continued hostile attitude of the Board of Trade and 
were well content to come out of the difficulty without 
further controversy. Instructions were sent for the repeal 
of the measures in question. And indeed it was time 
that this should have been done, for the Assembly in 
Carolina had already given way in response to the defeat 
of the Tories in England. 

The act requiring conformity to the church as a quali- 
fication of election had been passed, it will be recollected, 
by a majority of only one in a House from which several 
memlKJi-s were absent. In a full House some time after a 
bill had been carried for its repeal, but wjis lost in the 
Upper House, and Governor Johnson had, it is said, ''in 
great indignation dissolved the Commons House by the 
name of the Unsteady Assembly."^ In the election for the 
new Assembly Oldmixon states that Craven and Berkeley 
counties were so straitened by the qualifying act that they 
had not twenty men to represent them unless they would 
choose a dissenter or one unfit for the position. 

1 British Empire in Am.^ vol. I, 4S6. 


Several peraons were admitted as representatives from 
Colleton County in the place of those who refused to 
qualify, under a provision of the act, which upon the 
whole was perhaps its worst feature, providing that in 
such cases the candidate having the next greatest number 
of votes should be entitled to the seat. John Ash, the 
son of the dissenters' first agent to England, qualified 
himself by taking the oaths and signing their declaration, 
but was not apparently otherwise a complaisant member. 
He was soon called upon to answer for words spoken in 
derogation of the House. ^ 

Upon the opening of the General Assembly on the 6th 
of March, 1706, Governor Johnson sent in a message. As 
to the clause in the Church act relating to the twenty 
commissioners, he said, the members were aware, by the 
printed votes of the House of Lords and their address 
to her Majesty, what offence it had given. In order, 
therefore, to give full satisfaction to the Lords, the 
bishops, and the Society for Propagating the Gospel, who 
were offended by it, and in order to settle the church 
in the province by an act that might not be disturbed in 
England, he proposed to repeal all the several acts upon 
the subject and then to pass one general act establish- 
ing the church without the clause giving a power to re- 
move the clergy. All knew, he said, that the passing of 
that clause was to get rid of that pest of the country, Mr. 
Marston, who had been a common incendiary in the prov- 
ince, and had been the cause of differences and animosities 
between himself and the parishioners of St. Philip's, and 
that, if suffered to remain, the people generally would for- 
sake the church. He recommended, therefore, that there 
should be a clause in the new act disabling Mr. Marston 
from being minister in Charles Town. He thought that 

1 MSS. Journals, 


one church was not sufficient for Colleton County and 
recommended the establishment of another parish within its 
limits. As the main end of the act against dissenters, he 
said, was to enable the Assembly to establish the Church 
of England, so when the act he proposed was passed he 
recommended the repeal of that against the dissenters. 
" I do now propose to you," he concluded, " that upon the 
passing of the act for the security of the church as before 
proposed, I shall be ready to join you in the repealing of 
the act against the dissenters sitting in the Assembly." ^ 

The Assembly did not act immediately upon the mes- 
sage of the Governor, but took up other business, and 
passed another measure, which the dissenters declared to 
be merely for the perpetuation of the church party's power, 
and not because of the reasons assigned for its enactment. 
This act provided for the continuance of the present 
Assembly for the term of two years after its ratification, 
during the life and continuance in office of the present 
Governor, and that it should not be dissolved by any power 
or person whatsoever within that time, except by the Gov- 
ernor and Council that then were. It was to continue 
likewise for eighteen months after the end of the adminis- 
tration of the present Governor by death or removal. 
The reason assigned for its passage was the danger of an- 
other invasion by the French and Spaniards, which might 
render an election inconvenient and inexpedient, or leave 
the province without a duly organized House ; and also — 
which, indeed, was no doubt its real motive — because the 
preservation of the Church of England so happily begun 
might be endangered, if not wholly subverted and over- 
thrown, upon the election of another House. This 
attempt to prevent the exercise of the popular will was as 
futile as it was unwise ; and, as we shall see, was disre- 

1 MSS. Journals Commons. 


garded by the Governor and Council themselves, though 
they now approved the measure.^ 

On the 30th of November, 1706, in pursuance of Gov- 
ernor Johnson's recommendation, all acts relating to the 
church were repealed ^ and another general act upon the 
subject passed on the same day. The act of 1704 had pro- 
vided for the building of six churches, but had not laid 
out or defined the limits of the parishes. By this act the 
province was divided into ten defined parishes. The neck 
of land between Cooper and Ashley rivers was made into 
a distinct parish, to be called the parish of St. Philip's 
in Charles Town. The rest of Berkeley County was 
divided into six more parishes: one upon the southeast 
of Wando River, to be called the parish of Christ Church ; 
one upon the neck of land between Wando and Cooper 
rivers, to be called by the name of St. Thomas's ; one upon 
the western bmnch of Cooper, to be called by the name of 
St. John's; one upon Goose Creek, to be called by the 
name of St. James's, Goose Creek ; one upon the Ashley, to 
be called by the name of St. Andrew's ; one in Orange 
Quarter, for the use of the French settlement there, to be 
called by the name of the parish of St. Dennis. Colleton 
County was divided into two parishes: one on the south side 
of the Stono River, to extend to the north side of South 
Edisto, to be called b}'^ the name of St. Paul's, and the other 
on the north of St. Helen's to be called by the name of St. 
Bartholomew's. The Huguenots on the Santee had peti- 
tioned that their settlement be made a parish, and that their 
minister should have the same allowance as ministers of 
other parishes, and so that part of Craven County known as 
the French settlement on the Santee was made into a parish, 
and tlie cliurch built in Jamestown in that settlement was 
declared to be the parish church of St. James's, Santee. 

1 Statutes of So. Ca.y vol. II, 206. ^ Statutes of So. Ca., vol. II, 282. 


The influence of the Barbadian element in the province 
is noticeable in the names of these parishes. The names 
of these and those afterwards established are almost identi- 
cal with those of the parishes of Barbadoes.^ 

The act provided for the building of six churches 
and six houses for the rectors of the several parishes, and 
<£2000, raised by the imposition of a tax on skins and 
furs, chief articles of commerce, was appropriated for the 
purix)se. This was a very large sum of money, amount- 
ing possibly to '^40,000 of our present currency. Com- 
missioners were appointed to take grants of land for the 
sites of the churches and churchyards and glebes, and for 
the houses for the rectors. Thi*ee of these were Hugue- 
nots.2 The rectors were incorporated as in the act of 1704. 
The rector of St. Philip's was to receive X150 per annum ; 
the several other rectors ,£50 each for three years and 
after three years £100, except the rector of St. Dennis, who 
was allowed £50 per annum. The rectors were to be chosen 
in the same manner as had been provided in the act of 
1704, that is, by the inhabitants of the seveml parishes who 
were of the Church of England. The rector of St. Dennis, 
Orange Quarter, and of St. James's, Santee, were allowed 
to read the service in the French tongue according to a 
transhitiou wliich had been approved by the Bishop of Lon- 
don. Orange Quarter was really a part of St. Thomas's 

1 The iiamea of the parishes in Barbadoes were : St. MichaePs, St. 
Peter^s, St. Thomas's, St. Jolin^s, Christ Church, St. Lucy's, St. James's, 
St. Philip's, St. Andrew's, St. George's, St. Joseph's. Hist, of Barbadoes 
(Poyer), 110. Hist. West Indies (Bryan Edwards), vol. I, 321. 

2 The names of the commissioners were : Sir Nathaniel Johnson, Kn't, 
lion. Thomas Broughton, Nicholas Trott, Robert Gibbes, Henry Noble» 
Ralph Izard, James Risbee, William Rhett, George Logan, Arthur Mid- 
dleton, David Davis, Thomas Barton, John Abraham Motte, Robert Sea- 
brook, Hugh Hiok.s, .John Woodward, Jo.seph Page, John Aslily, Richard 
Beresford, Thomas Wilkinson, Jonathan Fitcli, William Bull, Bene Bave- 
neL and Philip Gendron. Those in italics were Huguenots. 


Parish, but few of the inhabitants could attend the English 
Church, as they did not understand the English language, 
and most of them had been accustomed to meet together 
in a small church of their own ; as they desired, however, 
to conform to the established church, upon their application 
they were incorporated into it.^ 

It was provided by this act that in each parish seven 
vestrymen and two churchwardens should be elected on 
Easter Monday in each year, who should be required to 
be sworn to the oaths of allegiance and supremacy and to 
subscribe the test against transubstantiation. They were 
required to serve under a penalty. 

The essential benefits to the colony arising from this 
act, observes Rivers, cause us to regret the violent and 
illegal measures by which it originated. Pious and learned 
men could now be induced to come to Carolina, whenever 
their services were needed. Education and Protestant 
Christianity, he continues, are so blended that a country 
must be destitute of both, if it be long in want of either. 
The Society for the Propagation of the Gospel sent out 
missionaries not only to preach, but to "encourage the 
setting up of schools for the teaching of children." ^ 

There is preserved in the Charleston Libmry a manu- 
script volume containing eight charges delivered by Chief 
Justice Trott to the General Sessions ; one of these, deliv- 
ered at this time, is upon the subject of witchcraft, and is 
a most learned and elaborate defence of the theory of the 
existence of witchcraft as a crime. While not actually 
asserting that every one that doubts the existence of 
witches must necessarily deny the existence of spirits, the 
Chief Justice makes bold to assert that they who have 
given good proof of apparitions and witches have done 

» Humphrey's Soc. Prop. Gospel, 106 ; Dalcho's Ch. Hist., 288. 
» Dalcho's Ch. Hist., 47-60 ; Hist. Sketches of So. Ca. (Rivera), 231. 


some service to the cause of religion ; for, he ingeniously 
argues, if there be such creatures as witches, then there 
are certainly spirits by whose aid and assistance they act, 
and by consequence there is ■notiMT invisible world 
of spirits. ''Now, though I am iiiwV||HHtfM to 

believe," he charges the jury, "evorv •w«W^^^^''**»«- 
of apparitions and witches nei 
be over credulous in things o 
they come before you in a judic 
to tell the jury "yet that th 
witches I make no doubt ; neitl 
denied without denying the tn 
or most grossly perverting the 
the Holy Scriptures do affirm 
evident fiom so many places th 
of them that time will not pe 
you." The Chief Justice then 
discuss before the jury passages 
he relies for his belief, and in » 
endeavoi-s to explain to the jury, 
of the Old Testament upon the 8 
have been very different in thos 
had they been able to follow his . 
formation that any action was i 
Trott was not singular in his bell 
lie was but addincr Ins classical le 
Sir Mattliew Hale in the famous ' 
St. Edmunds, thirty yeai-s l)efore, ii 
declared his belief that there were h 

he, the Scriptures have athrmed a: .^o tne close 

of the seventeenth century belief m witeh(».raft wiis wide- 
spread, and it continued, to a greater or less degree, for a 
hundred years after. The fanatical outbreak at Salem, 

J State Trials, vol. VI, (U7-702. 



Massachusetts, in 1691-92, is one of the most striking 
incidents in the history of New England.^ The act of 
James I, c. 12, against witchcraft was one of the English 
Statutes which we shall soon see reenacted in this prov- 
ince, in 1712.2 It is said that in 1792 witches abounded 
in what is now Fairfield County in this State, and as late 
as 1813 or 1814, Stephen D. Miller, later one of the most 
distinguished men of the State, gravely maintained the 
defence to an indictment of assault, battery, and false im- 
prisonment that an old woman, the prosecutrix, residing 
in Chesterfield had maltreated by diabolical arts a poor 
girl residing in Lancaster, and had ridden her as a horse 
from town to town.^ 

The volume of manuscript charges of Chief Justice 
Trott concludes with one in which he sentences a woman 
to be burned under the provisions of the common law, 
which holds the murder of a husband by a wife to be petty 
treason, and therefore liable to that terrible punishment. 
We have, however, no record of the case nor account of 
the execution of the sentence. We may safely assume 
that the woman was not burned. 

1 The Emann'patiou of Mass. (Brooks Adams), 216-236. 

2 Statutes, vol. II, 608. 

8 See a most interesting note of Dr. Thomas Cooper, editor of the 
Statutes at Larye, upon this subject. Statutes, vol. II, 739-743. 




If the Tories in England had lost their influence by 
their lukewarmness to the war, those in Carolina, under 
the lead of Sir Nathaniel Johnson, had redeemed the char- 
acter of their party for loyalty and devotion to her 
Majesty the Queen, and to the cause of the mother coun- 
try against all her enemies. Putting aside all party strife 
and daring, not only the united forces of the French and 
Spaniards, but the danger of pestilential disease, they had 
hastened with their fellow-colonists, in the double expo- 
sure of their lives, to the defence of the infected and 
l^eleaguered town. They may not yet have heard of Marl- 
borough's glorious victory of Ramillies of the 23d of May ; 
but they remembered Blenheim, and as far as the opportun- 
ity and occasion had allowed in this extreme outpost of the 
kingdom, had likewise performed their duty, and added 
some fresh laurels to the glory of England of the year 
1706. They had done at least their duty — as if at 

But great had been the calamities of the summer. The 
yellow fever had been most fatal. Five or six deaths a 
day among the small population of the town was not an 
uncommon occurrence. Among those who died were the 
restless and ambitious Colonel James Moore, the Rev. 
Samuel Thomas, who had just returned from England, 
where we have seen him in conference with the Society 



for the Propagation of the Gospel, Mr. Job Howes, the 
Speaker of the Assembly which had passed the laws that 
had occasioned so much contention, and many other worthy 
persons of both parties. Some dissenters, not contented 
with the defeat of the measure which would have excluded 
them from the government, but objecting to the establish- 
ment of the chuich at all, had abandoned the colony. 

The number of the inhabitants was, nevertheless, in- 
■ creasing, and though most of the dissenters acquiesced in 
the establishing of the church, they renewed the struggle 
for the political control of the colony, and soon regained 
their ascendency in the Assembly, 

During the distractions of the province and the confu- 
sion spread everywhere by the war with France and Spain, 
the traders among the Indians had carried matters with a 
high hand ; their abuses now occasioned fresh trouble and 
alarm. Though Colonel Khett had succeeded Howes as 
Speaker, the Governor's party lost control of the Commons, 
and the Assembly determined to remodel the whole plan 
of conducting the Indian trade. It was proposed to ap- 
point commissioners with full power, executive and judi- 
cial, to settle without delay all difficulties in that business. 
The salary of the Governor was at that time X200 ster- 
ling; but this was augmented indirectly by allowances 
derived from the management of this trade. It was now 
proposed that the customary presents from the Indians, for 
which they expected special favors, should go into the pub- 
lic treasuiy, and an equivalent was offered to the Governor 
in lieu of these perquisites. Sir Nathaniel demurred to this 
as curtailing the only " considerable source of hia income," 
and appealed to the Assembly ; were not his services in the 
recent invasion "sufficient to excite their gratitude and 
liberality"? But the Assembly was obdumt*. Instead of 
yielding, they sent a bill for his approval to prevent tu- 


mults at elections, which he rejected as contrary to his 
instructions. Notwithstanding the act continuing the 
present Assembly for two years, approved by him so 
shortly before, the Governor thereupon dissolved the 

At the election for a new Assembly the party in opposi- 
tion to the Governor gained complete ascendency, and at 
once elected as Speaker Thomas Smith, whom the former 
House had had in custody because of the libel of his letters 
to Ash. Mr. Marston had been continuously importuning 
the Governor and Assembly.for his salary, of which he had 
been deprived ; and upon the accession to the speakership 
of his friend, Mr. Smith, for visiting whom while he was 
in the custody of the Messenger he had l)een arraigned 
by the House, Mr. Marston at once renewed his applica- 
tion for payment. The Governor complained that he was 
affronted "by his saucy letter*' and rejected it. But the 
House heard Mr. Marston favorably, and, on the 30th of 
October, 1707, sent an address to the Governor and Coun- 
cil asking for their reasons " why Dr. Marston ought not 
to be paid according to the directions of the Church act." 
The Governor and Council replied, November 6, that they 
wondered that the Assembly should ask, " when you may 
see the reasons very plainly in the words of the ordinance, 
where, after reciting his offences, it is expressly said 
that no more money shall be paid him out of the public 
treasury until such time as by an ordinance of the General 
Assembly upon his amendment, better behavior, and sub- 
mission to the government he be restored to the same." 
That so far from any amendment or submission, " he con- 
tinued his abuses and railing constantly in his sermons, so 
that neither the Governor nor no one of those concerned 
in the government could go to church except they would 

1 Hist. Sketches of So. Ca. (Rivers), 243. 


be content to hear themiielves abui^ed; he having hia 
abusive papers, ready penned into hi^ sermon notes, to 
make use of when he saw any one concerned in the gov- 
ernment come to church." In answer to the argument 
tliat Br. Marston had officiated, they said that no one 
desired hiiti to do so, and all would have been glad if he 
had left it alone; for it was his doing so drove them and 
others fi-om the chureh. "And therefore," continued the 
Governor and Council, "we wonder to see you repeat your 
affronts to the Governor by siding with Mr. Maraton by 
which we and every one may plainly see that a person 
need have no other qualification to entitle him to your 
favor but abusing the government." They concluded by 
assuring the Assembly : " We will never give consent that 
he shall have any money paid him out of the public treas- 
ury ; neither will we spend any more time and pains in 
receiving or answering any more messages relating to 
him." ' 

Having failed to reinstate Mr. Marston, and disposed 
to be quarrelsome, the Assembly next turned upon the 
Governor's two friends, Colonel Rhett and Chief Justice 
Ti-ott. They resolved that Rhett " should no longer be sole 
commissioner for the fortifications," and requested to be 
informed how Trott obtained his position as deputy in the 
Council. They had not, they said, been officially notified 
how Nicholas Trott, of London, had become Proprietor. 
Governor Johnson replied informing them that Claren- 
don's Proprietary share had been assigned to Sothell, and 
upon his death the Propi'ietors had assigned it to Amy, 
and that Amy liad assigned it as a portion for his 
daughter upon her marriage with Nichohis Trott, of 
London, a cousin of the Chief Justice, whom he had 
appointed his deputy. The Commons were not satisfied. 
' Dalchg'a C%. HUt., 09-72, 


Indeed, they had prohibly beeu instigated from London 
to raise this question. They desired proof that the other 
Proprietors had sanctioned the claim of Mr. Trott of 
London, and declared the Chief Justice *^an unfit man 
for any public commission or office."^ 

Without consulting the Governor, and in manifest 
disrespect to him, the Assembly sent Mr. Berresford under 
their authority to the Savannali Indians. The Governor 
and Council resented this as an additional slight and 
interference with their prerogatives, as they alone had 
power to make peace or war. Pursuing the same hostile 
course, the House renewed the question as to their right 
to elect a Receiver of the public money. James Moore, 
the Receiver, had died the summer before, and the 
Assembly now claimed the right to elect his successor, as 
they had ineffectually attempted before on the death of 
Mr. Ely. If the Proprietors or other deputies, said they, 
claim to appoint this officer under the charter, they can as 
well claim to appoint the Speaker of the Assembly. Was 
it not strange, they asked, that the greater power of 
disposing of the public money was in the people, and the 
lesser power, incidental to it, of choosing the Receiver 
of the money, should be denied them ? They proceeded 
to nominate Colonel George Logan for the office. The 
Governor objected, but the House persisted and unani- 
mously elected him.^ 

The Board of Trade in England had eagerly listened 
to the mission of Mr. Boone as opening the way to a 
subvei*sion of the Proprietors' charter and the establish- 
ment of an immediate Royal Government, and in so doing 
had given a new vent to the discontent with the Pro- 
prietors and their Governor and Council. The opposition 

1 Hist. Sketches of So. Ca. (Rivers), 244. 
a Ibid., 246. 


party, which had now the control of the Commons in 
South Carolina, at once availed themselves of this new 
opening to the ear of the Royal Government. They 
appointed a committee on grievances and sent their report 
to the Queen. They also prepared specific charges against 
Trott, and desired the Governor and Council to displace 
him from his office of Judge and asked that he be brought 
to trial before a court. " The whole body of the people," 
said they, " have such an avei-sion against him upon just 
grounds that they will neither hurry their actions nor 
serve as jurymen until he be either punished or legally 
cleared of what is laid against him." The Governor 
refused to remove Trott, as such an action on his part 
would be unprecedented and contrary to law. The 
House should impeach him before the Council. This the 
House refused to do; while Trott, on the other hand, 
declared that he could only be tried in England before the 
Proprietors from whom he held his commission.^ 

Had the condition of the province permitted it. Gov- 
ernor Johnson would long since have dissolved this refrac- 
tory House of Representatives. But a threat of invasion 
by the Savannah Indians obliged him to reconvene them. 
Upon their assembling, he requested that, before proceed- 
ing to business, they would rescind from their journals 
the complaints against himself. To this request they an- 
swered they did not consider themselves legally convened, 
because Trott's name on the proclamation just completed 
a quorum of the Council, and they did not recognize him 
as a deputy. The inconsistency of this position is ap- 
parent ; for, if not properly convened, they constituted no 
legal body to be sitting receiving and sending messages. 
But standing upon this point, it was with difficulty that 
the Assembly could be brought to the consideration of the 

1 Hist. Sketches of So. Ca. (Rivers), 245. 


exigencies of the province, and induced to enable the Gov- 
ernor to organize a force against the public enemies, and 
to raise money for its support.* 

Thomas Smith, the present Speaker, had been arrested 
by the previous House, and taken into custody of the 
Messenger for libelling that body. The tables were now 
turned, and he was avenged. Colonel Risbee, a member 
of that House, the author of the bill against dissenters, 
was brought to the bar, before Smith as Speaker, on a 
charge of vilifying the present Assembly while over his 
bottle of wine in a tavern.^ 

The Governor saw that a compromise was necessary to 
allay the increasing excitement. Logan, having declined 
the office so that no pei-sonal objection to himself might 
embarrass the Assembly, the Governor yielded on his part, 
and approved an act which asserted the right of the House 
to elect the Receiver. The Assembly then agreed to allow 
the Governor £400 for relinquishing the Indian perquisites, 
besides £100 per annum, and at length sufficient harmony 
was restored for proceeding with enactments which the 
public interests demanded.^ 

At the next election the Governor's party regained their 
control. The new Assembly was organized with Colonel 
Risbee as Speaker. But changes had taken place in Eng- 
land which allowed his Excellency but a short enjoyment 
of his restored power. Lord Granville was dead, and 
was succeeded as Palatine by William Lord Craven ; * the 
Board of Proprietors was reorganized, and turned against 

1 Hist. Sketches of So.Ca. (Rivers), 246 ; Statutes of So. Ca., vol. II» 

2 Hist. Sh'trhes of So. Ca. (Rivers), 240. 

« Ibid,, 240 ; Statutes of So. Ca., vol. II, 305-311. 
* Coll. Hist. Soc of So. Ca. , vol. 1, 163, 


The board, as now composed, consisted of William Lord 
Craven, who represented also the minor Lord Carteret, Sir 
John Colleton, Maurice Ashley, who represented also the 
minor Joseph Blake, and John Archdale. The share of 
the late Lord Granville wiis not represented, and Trott 
(who claimed not only the Clarendon-Sothell share, but 
that also originally of Sir William Berkeley, which Arch- 
dale was now admitted to represent) was not recognized 
at all by the other Proprietors. The board thus consti- 
tuted was reduced practically to but four members, — Lord 
Craven, Sir John Colleton, Maurice Ashley, and John Arch- 
dale. But Trott would not tamely submit to his exclusion. 
He instituted proceedings in chancery. It was upon this 
that the move was made in the Assembly in South Caro- 
lina against the deputation of his. cousin, the Chief Justice, 
as his representative in the Council. 

Trott's case was this: Thomas Amy, it will be recol- 
lected, had acted as the agent in procuring immigrants for 
the colony, and had been made use of as a trustee for them 
when tliey bought the share of Sir William Berkeley. 
This trusteeship they had changed without his consent or 
release, and had sold the share to Thomas Archdale with- 
out his concurrence or his joining in the conveyance. 
The legal title to the share, therefore, it was claimed, re- 
mained in Amy and this claim was really never confuted. 
The Proprietoi-s had, however, in the place of that share, 
assigned to Amy the share late of Sothell, which they had 
sequestered; and Amy had settled it upon his daughter as a 
portion when she married Trott. Thomas Amy died Sep- 
tember 21, 1704. And upon his death, Trott, very probably 
at the suggestion of his kinsman the Chief Justice of Caro- 
lina, set up a claim, not only to the Sothell share which had 
been settled upon his wife, but also to a considerable sum 
alleged to have been advanced by Amy while he was acting 


as the agent of the Proprietors — a sum ascertained by the 
courts to amount with interest to <£2538 ll$Sd. For this 
sum he claimed that the heirs of Amy, i.e. his wife, Ann Trott, 
and her sister, Elizabeth Moore, were entitled to hold the 
legal title of the share which had been sold to Archdale with- 
out Amy's concurrence or without his joining in the con- 
yeyance. This contention of Trott we shall see sustained 
by the decree of the Lord Chancellor Macclesfield, but 
afterwards reversed by the House of Lords ; * that body 
still, however, recognizing that the leg^l title was yet in 
the heirs at law of Amy. 

John Archdale, on the 22d of October, 1708, conveyed 
the share in dispute, the title to which he held, — that origi- 
nally of Sir William Berkeley, — to his son-in-law, John 
Danson, for X200. But before doing so he avenged his 
party upon Sir Nathaniel Johnson, " whose chymical wit," 
he charged, had transmuted the civil differences in the 
colony into a religious controversy.^ The Clarendon- 
Sothell share, meanwhile, was not represented. 

The late Palatine, says Hewatt, from a mixture of spirit- 
ual and political pride, despised all dissenters as the ene- 
mies of both hierarchy and monarchy, and believed the 
State could only be secure while the civil authority was 
lodged in the hands of High Churchmen. Lord Craven 
did not possess the same proud and intolerant spirit; he 
considered that those Carolinians who maintained liberty 
of conscience merited greater indulgences from them, and 
though a friend to the Church of England, he doubted 
whether the minds of the people were ripe for the intro- 
duction of that establishment. He therefore urged lenity 
and toleration. 3 

1 Trott V. Danson, 3 Brown's Pari Cases, 449 ; 1 Perre Williams, 780. 

2 British Empire in Am., vol. I, 483. 

« Hewatt's Hist, of So. Ca., vol. I, 196. 


Governor Johnson was now assailed through Archdale's 
influence from both colonies ; from North as well as from 
South Carolina. By his commission, Sir Nathaniel was 
Governor of both South and North Carolina, with power 
to appoint a Deputy Governor in either. Under this 
power he had appointed Colonel Robert Daniel Deputy 
Governor of North Carolina, while he pei*sonally adminis- 
tered the government of South Carolina. Governor Daniel 
had succeeded in establishing the church in his colony; 
but had not attempted a disfranchisement of the non- 
conformist.^ But the Quakers, who were very numerous 
in North Carolina, had refused to take the new oaths pre- 
scribed by Parliament in the first year of Queen Anne 
(1704), and were consequently dismissed from the Council, 
Assembly, and courts of justice. This so nettled them 
that, in 1706, they sent one John Porter to England with 
fresh grievances and complaints against Sir Nathaniel and 
his deputy. Colonel Daniel,^ and succeeded in prevailing 
upon the Proprietors to order Johnson to remove Daniel, 
and to appoint another Deputy Governor.^ 

Mr. Boone had been much elated by his success with 
the Board of Trade and the Whig House of Lords against 
the measures of Sir Nathaniel in South Carolina, and now 
that Lord Granville was dead, and the dissenters in the as- 
cendency among the Proprietors, nothing but the disgrace 
of the Governor would appease the indignity with which 
he conceived himself to have been treated by the board 
under the late Palatine. He presented another petition 
to the Lords Proprietors, charging the Governor with 
crimes against the civil and religious interests of the 
province.* He charged that the "province was in great 

* Colonial Records of No. Ca., 1 vol., Preface (\V. L. Saunders). 

2 Ibid, 708. • Hawks's Hist, of Xo. Ca., vol. II, 608. 

* Dalcho's Ch. Hist., 82. 


danger of being brought into a ruinous condition if not 
absolutely lost, and falling into the hands of the French 
by the present evil administration of the government there." 
With feigned devotion he declared that the Fundamental 
Constitutions — the same aristocratic Constitutions which 
the people had been resisting since the foundation of the 
province, and which themselves established the Church of 
England, but which he now described as " calculated with 
great wisdom and temper suitable to the different pei*suiision 
of christians about religious matters " — had been of late 
very much violated. That " thereby," i.e, by the violation 
of the Constitutions, " the inhabitants had been so divided, 
and such animosities raised amongst them, as have been 
the frequent occasion of riots and tumults in which several 
of the inhabitants had been in danger of losing their lives." 

The inhabitants had hoped, he said, that the province 
would have been restored to its former peace and tran- 
quillity when the two unreasonable acts of Assembly were 
repealed by her Majesty's authority, pursuant to an address 
of the Lords in Parliament ; but, contrary to their expecta- 
tions, the Governor of the province had dissolved the 
Assembly because he was informed they had prepared 
an address to her Majesty, and another to the Loixis to 
testify their thankful sense of her Majesty's goodness in 
repealing those acts and the care of the peers in asserting 
their rights. 

Then came a repetition of the old story that the elec- 
tions had been managed with such partiality and injustice 
that " all sorts of people, even negroes, alien jews and com- 
mon sailors had been admitted to vote in such elections." 
That to prevent this an act had been passed by both 
Houses of Assembly, but the Governor had refused to 
assent to it. Mr. Boone omitted, however, to mention that 
the reason assigned by the Governor for his so doing was 


that the provisions of the act were contrary to his instruc- 

A dangerous act had been passed — he went on to say 
— to continue an Assembly for two years absolutely, and 
for eighteen months after the death or removal of the Gov- 
ernor, unless the Governor should think fit to dissolve it 
sooner, whereby the very foundations of the people's free- 
dom was absolutely struck at, and the province deprived 
of the only method they had to restore its first liberty. 
Again, Mr. Boone omitted to mention that the Governor, 
as we have seen, had in fact dissolved the Assembly, so 
that the objectionable act was at an end. The act was still 
made to do a turn, — to show how wicked Sir Nathaniel 
had been in assenting to it. 

The Indian nations in the neighborhood of the province, 
Mr. Boone stated, had been so inhumanly treated that 
they were in great danger of revolting to the French, 
who were continually tempting them, whereby the prov- 
ince would be infallibly ruined ; that the Governor, though 
admitting the danger, had refused to consent to an act 
upon the subject because it would take away a great part 
of his private profit ; nor could he be prevailed upon to 
consent to it until he had in a shameful manner forced 
the Assembly to give him the sum of £400 and to settle 
.£100 on him and on all succeeding Governors, which Mr. 
Boone alleged was a corruption beyond example. Then, 
changing the subject of his complaint from the Governor 
to Trott, justice, Mr. Boone charged, was very corruptly 
and partially administered by the present Chief Justice, 
who had several offices to himself which ought to be in 
different hands ; that the Chief Justice had been guilty of 
very arbitrary proceedings by illegally imprisoning some of 
the best inhabitants, by refusing the presentation of grand 
juries, by countenancing riots, by taking upon himself 


to exercise ecclesiastical authority and arbitrarily depriv- 
ing an established minister of the Church of England 
of his living, and with treating some of the best inhabi- 
tants with scandalous and ^^ revilious " language in open 
court. Mr. Boone stated that he had been threatened to 
be severely used if he should return to his estate and 
family in the province, only because he had come to Eng- 
land to represent the deplorable condition of the province. 
That those who had the power in the -province had re- 
fused the public seal to be affixed to such papers as would 
make the evideiices of all the grievances of the province 
more authentic, and to render it more difficult for the 
petitioner to make out his case. That he had forborne 
making any further application to her Majesty or the Par- 
liament for redress of grievances, in the hopes that their 
Lordships would be pleased to provide speedy relief. 

"Wherefore," continued Mr. Boone, "your petitioner 
most humbly prays that your Lordships would be pleased 
to take the calamitous state of the said province into your 
consideration, and to put the administration of the govern- 
ment there, upon such an equal foot as may be agreeable 
to the Royal charter by which it is held, and the Funda- 
mental Constitutions established by your Predecessors, 
which encouraged some of the best inhabitants to trans- 
port themselves and families thither, and which while 
they were duly observed, increased the number of its 
inhabitants, and made trade to flourish and all the people 
there to live happj and easy." ^ 

The position of the dissenters, as represented by Mr. 
Boone in England, was most inconsistent and insincere. 
While flattering the pride of the Proprietors in their 
Fundamental Constitutions, asserting against the well- 
known facts that the people had acquiesced in them and 

1 Dalcho's Ch. Hist,, 82-S4. 


flourished under their provisions, he was at the same time 
invoking the hostility of the Board of Trade to overthrow 
the charter which he was praising to the Proprietors. 
The purpose of his mission to England was to prevent 
the establishment of the church, and yet we find him 
arguing that the ecclesiastical government of the colony 
was under the Bishop of London, and declaring that the 
interference of laymen in church affairs was held in de- 
testation and abhorrence in the colony. Demanding free- 
dom of conscience for the people he represented and 
claiming that the guarantee of it under the charter car- 
ried with it the right of the elective franchise, he was 
indignantly resenting the extension of that right to the 
French Protestants who had settled in the province. Mr. 
Boone was, nevertheless, listened to and the removal of 
Governor Johnson determined upon. 

Governor Johnson was not apprised of these movements 
against him, and only learned of them when the notice of 
his removal was received. It was not until April 9, 1709, 
that the Proprietors wrote to the Assembly notifying 
them of the appointments of Colonel Edward Tynte as 
Governor; Colonel Robert Gibbes as Chief Justice ; William 
Sanders, Esq., Attorney General ; Henry Wiggington, 
Secretary ; Nathaniel Sale, Esq., son of Governor William 
Sale, Receiver General ; and Edward Hyme, Esq., to be 
Naval officer. A postscript stated that the Duke of Beaufort 
was legally invested in the proprietorship of the late Lord 
Granville, and John Danson in that of John Archdale.^ 

Upon the reconvening of the Assembly October 20, 1709, 
Governor Johnson thus addressed that body : ^ — 

"You all know that the Grentleman who is to succeed me is ex 
pected in every day, and my utmost ambition when I resign the gov- 

1 Coll. Hist. Soc. of So. Ca., vol. I, 156. 

2 Dalcho's Ch. Hist., 80. 


ernment is, only to carry with me an unsullied reputation, and the 
character of having acquitted myself worthy of the trust conimitted 
to me ; and though I may from the justice of thb present assembly 
promise myself that advantage yet my satbf action will be imperfect 
while Mr. Boone's libel against me to the Liords Proprietors remains 
unanswered, and which their Lordships have been pleased to send 
me, in order to acquit myself from the imputations it contains. 

** It is that infamous Lil>el, Gentlemen, that I desire to lay before 
you wherein Mr. Boone mast unfairly, when there was no person to 
appear or answer for me, endeavoured to traduce me to her Majesty, 
and the Lords Proprietors, and though I could iu a less public manner 
assert my innocence and confute the slanders and reflections therein 
fixed on me, yet I choose this way not only that I may act with less 
partiality but that (if I appear to be slandered) I may receive such a* 
public justification as will be sufficient to vindicate my past actions 
in the government, and confound my accusers, and herein it is my 
peculiar happiness that I do not appeal to persons unacquainted with 
my transactions in the government but to men who (for the major 
part) have been privy to my administration, and witnesses of all my 
actions both in Church and State. 

" It must not at the same time be denied, but that as a man, and 
a man almost worn out with sickness and old age, I have had my 
infirmities and stood in need of a little indulgence, and probably some 
of my most zealous designs for the good of the province had not the 
designed success, but let me find no favour or excuse of any person, if 
I am found by your strictest scrutiny to have endeavoured the betray- 
ing this province to the French, involving you in a war with our 
friendly Indians, or any other enormous crimes raked together and 
penned in a style as inveterate as malice and envy could in the most 
bitter words be suggested or expressed. 

" T do therefore, Grentlemen, conjure you, as each of you respect 
your particular honour and reputation to do me justice in this affair. 

" The Libel or his Petition as he is pleased to call it I herewith 
lay before you. Please send for Mr. Boone and oblige him, if he can, 
to prove and make good the crimes he has therein laid to my charge, 
and give me leave to answer whatever he shall affirnL before you, and 
upon the whole draw up such a report as shall be agreeable to the 
honour and justice of your House. If I am not innocent let me bear 
the guilt under the disadvantage of having it declared so by you. 
But if it api>ears, the gentleman lias undeservedly abused me, let my 
justification be as public ; that it may be recorded in the journals of 


your House, be transmitted home to their Lordships to obviate any 
impressions taken to my disadvantage." 

The Commons, who were now entirely in the interest of 
the Governor, sent for Mr. Boone, who, notwithstanding 
the warning he declared to have received, had returned 
home to appear before them and make good the charges 
he had presented in his petition to the Proprietors. They 
framed questions to be propounded to him. (1) Did he 
own to the petition ? (2) When he was in England how 
came he to know that this province was in great danger 
(as set forth) of falling into the hands of the French 
and Spaniards, by the ill administration of the Governor ? 
(3) To inform the House what constitutions were in force 
by laws of the province ? (4) How he made out that the 
Governor had no other reason to dissolve the Assembly 
than the reason he set forth in his petition ? (5) How 
he made out that the act for continuing an Assembly for 
two years, etc., was thought proper for the Governor's 
arbitrary purposes ; and so destructive to the people's 
freedom? (6) Which of the most considerable free- 
holders and merchants had sent him to the Lords Pro- 
prietors ? (7) Which and what elections had been invaded 
and managed with partiality ? (8) By whom had the 
Indians been inhumanly treated and abused ? ^ 

Mr. Boone refused to submit himself to this examination. 
He first claimed exemption as deputy of the infant Pro- 
prietor Blake, but the other deputies refused to recognize 
him as such deputy. Upon this he left the town, and 
escaped the Messenger of the House sent to bring him 
before that body. 

Mr. Boone having escaped their examination, the Assem- 
bly thus addressed the Governor : ^ — 

1 MSS. Commons Journal, October 29, 1709. 
« Dalcbo's Ch. Hist., 86. 


" We the Commons now met at Charles Town do return your 
Honour our sincere and hearty thanks for that excellent Speech you 
made, and delivered to us, at the opening of this present Session, and 
are truly sensible of your Honour's paternal care over this province 
during the whole course of your government ; and notwithstanding 
the infirmities of age and sickness, your zeal for the public good in 
Church and State hath surmounted your particular ease and tranquil- 
lity, and you have undergone the fatigue with such cheerfulness and 
presence of mind, that it hath highly encouraged the inhabitants of 
this Colony to follow your good and well grounded examples and reso- 
lutions and cheerfully to undergo the troubles and expenses they have 
been at, in order to defend themselves against the common enemy 
now in this time of war. But when we come to that part of your 
Honour's S^^eech wherein you are pleased to give us an account of your 
Honour's being shortly to resign the government, it strikes us with the 
greatest concern and sorrow for the approaching loss of so good a 
Governor, and with the greatest wonder to know the reason of such 
a change, the administration of your government being always just 
and easy, and all your actions tending to the good of this Colony, so 
that when the government shall come to he out of your hands, we 
shall (with much sorrow) look upon it to be the greatest loss that 
could happen to this thriving Colony. In the next place we cannot 
but take notice of that false and scandalous Petition to the Proprietors 
of tliis Colony wherein there has been so much pains taken to set forth 
your Honour's actions in the blackest and bitterest manner ; and do 
assure your Honour that we will use our utmost endeavor to know the 
truth of that petition by examining the author of it, and doubt not 
but to find it so false in every respect as to cause us to proclaim your 
Honour innocent by a vote of our House and that future ages may see 
that what is therein contained is false, give it room to be entered as 
such in the journals of our House. 

** We do therefore with all due respect render and return our grateful 
acknowh'dgments as well for what service your Honour hath already 
rendered this Colony, and for your earnest desire to settle the Church of 
England as now by law established, and also for the assurance you are 
pleased to give us of continuing your provident care in promoting the 
good of this Colony when you shall be out of the government." 

On November 5, the Assembly also addressed the Lords 

Proprietors : ^ — 

1 Dalcho's C/i. Hist,^ 87. 


"We 7oar Lords most Obedient and dutiful servanta, the Com- 
mons, at this present Assembly convened, have the freedom and 
liber^ to acquaint your T^ardships that at the opening of this Session 
the Right Hon : Sir Nathaniel Johnson Kn', Governor of this your 
LordBhips Provinca recommended to ua in his Speech amongst other 
things, the examination oC a certain petition or memorial said to be 
lately presented to your Ijordsbipa by Mr. Joseph Boone against 
him requesting our strictest scrutiny therein, and such report 
thereof as should be agreeable to truth, and the Honour and Justice 
of a House of Commons. Accordingly (may it please your Lord- 
ships) we have taken the subject of that Petition into due considera- 
tion and though by the certainty of our own exi>eriejice and 
knowledge we can and do from our consciences acquit our Excellent 
GoTernor of the maladministration tliereby charged on him, yet 
to pursue the fairnesa of his request and to take off all umbrages 
of partiality in the proceeding, but more especially to disabuse your 
Lordships and vindicate the injured character and reputation of Sir 
Nathaniel Johnson we Resolved to send for Mr. Joseph Boone and 
to examine him before a Grand committee of our whole House on 
the particulars of that Petition, and to that end framed a previous 
draft of the most pertinent questions to ask him, intending him all 
necessary countenance and liberty to prove and make good his 

"But (my Lords) before matters were brought to this conclusion 
Mr. Boone (by some means unknown to us) coming to the know- 
ledge of our design and being conscious of his own guilt and inability 
to maintain his accusation, made an interest (as we understand) with 
Madam Blake (the young Proprietor Blake's mother) to be appointed 
his representative in Council thereby to shelter himself from our 
House, and avoid the exattiiu»tion ; for when our meaaenger re(}uired 
his attendance before us and gave him notice of our Resolutions he 
answered him tliat he would not appear before us, because it inter- 
fered with his ]irivilege and the honoui' of the Upper House. And 
when afterwards (by an express answer of your l^rdNliips Deputies) 
ve were assured that he was not a member of that honourable number 
or admitted amongst theui through the defect of some necessary quali- 
fications we again sei>t for him, he most industriously avoided both 
our messenger, and his own iiouse at Charles Town, and imme- 
diately by a hasty retreat or rather flight into the country made it 
impossible ever since either to see or speak with iiim. Whereupon 
we voted Mr. Boone's refusing to appear before us to be a contempt 


of the authority of our House aud ordered oar messenger to ial^e 
him into custody to answer that contempt at the Bar of our House. 
And because be declined to prove and make good before us, the 
articles in his Petition charged against Sir Nathaniel Johnson we 
have voted that Petition or Memorial which the said Boone pre- 
sented to your Lordships to be false and scandalous, tending to cre- 
ate much jealousy and difference amongst the inhabitants of this 
Colony, and highly dishonourable to our governor. And in order to 
give your Lordships a more particular and nearer view herein, we 
have caused exact copies of the whole proceedings to be annexed to 
and accompany this address. This (my Lords) is all we apprehend 
necessary to be done in this affair at this time, and which we hnmbly 
submit to your lordships judgment and consideration, professing to 
your Lordships not only that Sir Nathaniel Johnson in that scandal- 
ous Petition of Mr. Boone's is most falsely and barbarously traduced, 
but that w^e are all satisfied with his mild and easy government, and 
fully convinced that (under God) we owe the preservation of our 
lives and interests in this province to his personal courage, conduct 
and excellent administration. And at the same time acknowledge 
to your Lordships the great favour you have done us, not only in 
appointing so wortliy a person for our governor (and that at a time 
when our circumstances stood in need of a soldier of his ability and 
experience) but also for continuing his authority so long amongst 
us ; in the whole course of whose judicious management, Your Lord- 
ships privileges, and our rights were so well secured and so dis- 
creetly tempered that they mutually supporting each other were both 

"This my Lords, and a great deal more (in common justice and 
gratuity) we owe and shall be ever ready to pay to the memory of 
Sir Nathaniel Johnson, and hope it will never be in the power of any 
ill meaning malignant persons to impress your Lordships to his dis- 

This address wiis signed by James Risbee, Speaker. 

The necessity of some Episcopal 8U|)ervision over the 
clergy sent to America was pressing in all the colonies.^ 
The need of a bishop was urged by the missionaries of 
the Society for the Propagation of the Gospel upon their 
first arrival. They appealed for " a suffmgan to visit the 

1 Anderson's History of the Colonial Church, vol. Ill, 70-75. 


several churches; ordain some, confirm others, and bless 
all." Governor Nicholson, then Governor of Virginia, 
whose interest in the church was undoubted, expressed in 
a letter to the Archbishop of Canterbury his conviction 
" that unless a bishop be sent in a short time the Church 
of England will rather diminish than increase in North 
America." Dean Swift sought to avail himself of this 
sentiment, and was intriguing for "the bishoprick of 
Virginia." ^ The claim of the jurisdiction of the Bishop of 
London appears to have been one of the obstacles in the 
way of the appointment of a bishop in the colonies.^ This 
jurisdiction the Bishop of London exercised to a very 
limited extent in some of the colonies by the appointment 
of presbyters as assistants, known to the Church of Eng- 
land as commissaries.^ But these officers could exercise no 
other than administrative functions. They had the over- 
sight of the clergy and people, but could not consecrate, or- 
dain, or confirm. Two very able men occupied the position, 
one in Virginia and the other in Maryland. In the former 
was James Blair, the founder of the William and Mary 
College, and in the latter was Dr. Thomas Bray. In ac- 
cepting the appointment, which he did at no little social 
and pecuniary sacrifice. Dr. Bray made as a condition the 
provision of parochial libraries for the ministers who 

1 Swift's works (Scott's ed.), vol. I, 98 ; Dalcho's Ch. Hist,, 90 ; Hisl 
Am. Episcopal Ch., vol. I, 398. 

2 Hist. Am. Episcopal Ch., vol. I, 399. 

8 The commissary was an officer in the Church of England whose office 
was probably derived from the chorepiscopi of the ancient church. These 
were supposed to be mere presbytere, assistants to the bishops whose dio- 
ceses were enlarged by the conversion of the Pagans in the country. 
Bingham, Antiq., vol. I, 66. Commissary is a title of jurisdiction per- 
taining to him that exerciseth ecclesiastical jurisdiction in places of the 
diocese so far distant that the chancellor cannot call the people to the 
bishop's principal consistory court without great trouble to them. Burns's 
Ecrlcaiastical Law, vol. II, 7. 


should be sent out to the province. It was by means of 
this provision that he hoped to be able to secure from 
among the unbeneficed and poorer clergy studious and 
sober men to undertake the service of the church in 
America.^ The establishment of these libraries was not 
confined to Maryland, but, as we have seen, books were 
sent to South Carolina, as well as to other provinces. It 
was upon one of these parochial libraries of Dr. Bray that 
the Provincial Library was founded in 1698, a lay library 
being added thereto, as before stated. 

The church having been now established with eight 
clergymeii resident in the province,^ ten parishes laid out, 
and six more churches provided to be built under the 
act of 1706, the Bishop of London determined to appoint 
and send out a commissary for South Carolina. In 1707 
the Rev. Gideon Johnson, A.M., was recommended to the 
Bishop of London as worthy of his appointment by the 
Archbishop of Dublin, and othera. The Bishop of London, 
satisfied with the character and attainments of Mr. John- 
son, appointed him his commissary and sent him to Charles 
Town. The Lords Proprietors wrote, on March 2, 1707- 
1708, informing the Governor of the appointment, that 
Mr. Johnson had sailed, and they hoped that according 
to the Lord Bishop's recommendation he had been chosen 
minister for Charles Town. 

After a tedious passage Mr. Johnson arrived off the 
harbor; but the ship not being able to cross until a suc- 
ceeding tide, the commissary, impatient of the delay and 
anxious to reach his charge, ventured in a small sloop 
with three other passengers to proceed to town. It 

1 Hist. Am. Episcopal Ch. (Bishop Perry), vol. T, 138. 

* These were the Reverends Atkin Williamson, Edward Marston, 
William Corbin, Philip de Richbourg, M. de La Pierre, Thomas Hasell, 
Richard Marsden, and Francis L^ Jan. Dalcho*s Ch. Hist.^ 432. 


happened that soon after leaving the ship, a sudden 
squall drove the sloop ashore upon "a sandy island,"^ 
where they remained, it is said, twelve days before they 
were discovered by the boats sent to their relief.^ The 
ship, waiting for a tide to cross, did not reach the town for 
some days after. When it was learned, upon her arrival, 
that Mr. Johnson had attempted to reach the city, and 
had not done so, sloops, boats, and canoes were sent in 
search of the missing clergyman. In the meanwhile, the 
party had suffered miserably for the want of shelter and 
food. One of them, a sailor, attempting to swim to the 
mainland was drowned ; Mr. Johnson's health, which was 
not strong, was seriously injured by the exposure. 

Disheartened and discouraged by this untoward entrance 
upon his work, and finding, as soon as he was able to 
exert himself, that a party had been raised by one Richard 
Marsden, who had imposed himself upon tlie people as a 
clergyman in good standing, to keep him out of his 
promised benefice ; denied an entrance into liis " parsonage 
house," finding, as he alleged, no respect paid to his offi- 
cial character, nor to the pledges and promises made to him 
by the authorities, both of Church and State, at home, — 
the good man in despair wrote to the " Great Bishop " who 
had sent him and with whom he corresponded : " I never 
repented so much of anything, my sins only excepted, as 
my coming to this place, nor has any man been treated 
with less humanity and compassion considering how much 
I had suffered in my passage than I have since my arrival 
in it." 3 

' This we suppose to have been Morris Island. Had it been Sullivan's 
Island, the name would probably have been given, as it was then well 

2 Dalcho gives the time of their detention on the island as but tioo 
days, — which is the more probable. But Bishop Perry quotes the letter 
as given in the text. 

» HUt Am. Episcopal Ch.^ vol. I, 378. 


Mr. Johnson arrived in the midst of the contentions over 
the church acts. In feeble health, with a large family, he 
found the cost of living in the province greater, he com- 
plained, than in England or Ireland, and for this his stipend 
was insufficient. But above all he was distressed at the 
factious opposition at the hands of a brother clergyman. 
This last difficulty was, however, soon overcome and 
Mr. Johnson was duly installed as rector of St. Philip's 
Church. It has been said that Commissary Johnson's 
humility and prudence softened the asperity of opposing 
interests in the colony, and that ultimately his piety pro- 
cui*ed him the love and esteem of all.^ But Mr. Johnson's 
private letters to the authorities in England, since come 
to light, scarcely sustain this character. It is fortunate 
that the people over whom he came to minister did not 
know of the impression he had formed and of the opinion 
of them he had hastened to express upon his first arrival. 
He wrote to the Bishop of London : ^ — 

" The people here generally speaking are the vilest race of men 
upon the earth. They have neither honor, nor honesty, nor religion 
enough to entitle them to any tolerable character, being a perfect 
medley or hotch-potch, made up of bankrupt pirates, decayed liber- 
tines, secretaries and enthusiasts of all sorts who have transported 
themselves hither from Bermudas, Jamaica, Barbadoes, Montserat, 
Antego, Nevis, Xew England, Pennsylvania, etc., and are the most 
factious and seditious people in the whole world. Many of those that 
pretend to be churchmen are strongly crippled in their goings between 
the Church and Presbytery, and as they are of large and loose prin- 
ciples so they live and act accordingly sometimes going openly with 
the Dissenters, as they now do against the church, and giving incredible 
trouble to the Governor and clergy." 

This letter scarcely breathes a spirit of humility or 
Christian charity, and even allowing, as we should do, for 

J Dalcho's Ch, HisL, 79. 

2 Hist. Am. Episcopal Ch., vol. I, 379. 


the untoward events of his arrival, there is a bitterness 
and contempt in it scarcely compatible with the character 
of meekness and lovingkindness which should adorn one 
of his profession. Like Marston, too, it appears that he 
opposed and criticised the government, even when admin- 
istered by so good a Governor as Craven. In a letter from 
Carolina in 1716, supposed to have been written by George 
Rodd, Attorney General, the writer declares his surprise 
that the Lords Proprietors should favor that person (Par- 
son Johnson) with the most valuable place under their 
donation " that openly & daily affronts and writes against 
the gov." ^ The letter to the Bishop of London would, 
no doubt, have been pronounced a libel by either 
party which for the time happened to be in control, 
and such, indeed, it was. Smith, or Risbee either, would 
have summoned the reverend gentleman before the bar 
of the House, to answer for its aspereions, had it fallen into 
his hands. There was, nevertheless, a grain of truth in 
the description of the people. They were "medley or 
hotch-potch." There were very probably persons of each 
of the classes described. There was a large leaven of the 
old Puritan factiousness; and there were without doubt 
many churchmen whose religion was more a matter of 
politics and association than of earnest conviction. 
There were probably many characteristics of a newly 
formed community of bold, restless, adventurous men, who 
had thrown off the restraints and decorum of an old 
society, and had not yet formed another. Deference was 
not likely one of their common graces. But the people 
generally were not by any means such as Mr. Johnson 
in the bitterness of his spirit represented them. There 
were many earnest Christian men in the colony, Puri- 

1 Coll Hist. Soc. of So. Ca., vol. II, 223 ; Public Records; Year Book 
City of Charleston (Fickeii), 1894, 321. 


tan as well as churchmen. If, as he complained, some 
of the churchmen were "so strangely crippled in their 
goings between the Church and Presbytery," was it to be 
wondered at when there was no bishop in America to con- 
firm? When Marsden's orders were denied, and Marston 
was driving the members of the church from its doors, was 
it surprising that some of them strayed off to the White 
Meeting? The establishment of the church under the 
circumstances is strong evidence that there were earnest 
Christians and faithful churchmen in the colony. There 
must have been a deep religious sentiment in a people, 
who, numbering less than 10,000 souls, including men, 
women, and children, Indians and negroes, bond and free, 
maintained within two years, as we shall see, from the time 
Mr. Johnson wrote seventeen ministers.^ 

The religious animosities and strifes in the colony were 
but the counterpart of those in England at the time. 
They all, indeed, originated in the mother country. They 
were not indigenous to the province of Carolina. 

Another storm of popular religious passion was just 
about to burst on the Whigs in England over "a dull 
and silly sermon" of one Dr. Sacheverell, a High Church 
divine, for which the Whigs unwisely attempted to im- 
peach the author, — a political blunder as great as that 
of the Tories in 1704, when they attempted to tack the 
bill against " occasional conformity " upon a supply bill, 
necessary for the continuance of the war which was then 
popular. But political sentiment had now again changed, 
and an outburst of popular enthusiasm in Sacheverell's 
favor showed what a storm of hatred had gathered against 
the Whigs and the war.^ 

1 Howe's Hist. Presh. Ch., 163. 

2 Green's Hist. English People, vol. IV, 97. 



Just before Governor Johnson's removal, he had been 
called upon by the Royal Government for a detailed state- 
ment of the condition of the province. In answer to this 
an elaborate and carefully prepared report was made. 
This paper is of so much value and its account so suc- 
cinctly given that, following Rivers, we shall not attempt 
to abbreviate, but will give it in fuU.^ The letter is 
dated the 17th of September, 1708, and is signed by Sir 
Nathaniel Johnson, Thomas Broughton, Robert Gibbes, 
George Smith, and Richard Berresford. 

" We, the Governor and council," said they, " in obedience to her 
sacred Majestys command and your Lordships instructions, have 
carefully inquired into the present circumstances of the province, etc. 

"The number of inliabitants in this province of all sorts, are com- 
puted to be 9,580 souls ; of which there are 1,360 free men, 900 free 
women, 60 white servant men, 60 white servant women, 1700 white 
free children, 1,800 negro men slaves, 1,100 women negro slaves, 500 
Indian men slaves, 600 Indian women slaves, 1,200 negro children 
slaves, and 300 Indian children slaves. 

" The freemen of this province, by reason of the late sickness 
brought hither from other parts, though now very healthy, and small 
supply from other parts, are within these five years last past decreased 
about 100, free women about 40 ; white servants, from the aforesaid 
reasons, and having completed their servitude, are decreased 50; 
white servant women, for the same reasons, are decreased 30 ; white 
children are increased 500; negro men slaves by importation, 300; 

1 HUt. Sketches of So. Ca, (Rivers), 231. 



negro women slaves, 200. Indian men slaves, by reason of our late 
ponquest over the French and Spaniards, and the success of our 
forces against the Appalaskys and other Indian engagementa, are 
within these five years increased to the number of 400, and the Indian 
women slaves to 450; negro children to 600, and Indian children to 

" The whole number of the militia of this province, 950 white men, 
fit to bear arms, viz : 2 Regiments of foot, both making up 16 com- 
panies, 50 men, one with another, in a company ; to which might be 
added a like number of negro men slaves, the captain of each com- 
pany being obliged by an act of assembly, to enlist, train up and 
bring into the field for each white, one able slave armed with a gun 
or lance, for each man in his company ; and the governor's troop of 
guards, consisting of about forty men ; the colonel, lieutenant colonel, 
captain, cornet, and two exempts, together with nine patrols, ten men 
in each patrol, to take care of the women and children, in case of an 
alarm and invasion ; French Protestants, and independent company 
of Santee, consisting of forty-five men, and a patrol of ten men. 

" The commodities exported from this province to England, are 
rice, pitch, tar, buck and doeskins in the hair, and Indian dressed ; 
also, some few furs, as beaver, otter, wildcat, racoon, a little silk, 
white oak, pike staves and sometimes some other sorts. 

** We are sufficiently provided with timber fit for masts and yards 
of several sizes, both pine and cypress, which may l)e exj>orted very 
reasonable, and supplied at all times of the year, there l>eing no frost 
or snow considerable enough to hinder bringing them down the 

" Other commodities, not the produce of the place, but brought 
here from the American islands and ex^x^rted to England, are logwood 
braziletto, fustic, cortex, isleathera, tortoiseshell, ambergrease, and 

" From this province are exported to several of the American islands, 
as Jamaica, Barbadoes, Antigua, Nevis, St Christopher's, the Virgin's, 
Montserrat, and the Bahama Islands — staves, hooks and shingles, 
beef, pork, rice, pitch, tar, green wax, candles made of myrtle berries, 
tallow and tallow candles, butter, English and Indian peas, and some- 
times a small quantity of tanned leather. 

"Goods imported from the foregoing islands are, rum, sugar, 
molasses, cotton, fustic, braziletto, isleathera, ambergrease, tortoise- 
shell, salt, and pimento; logwood is generally brought from the Bay 
of Campea^hy. 


"We are also often furnished with negroes from the American 
Islands, chiefly from Barbadoes and Jamaica; from whence also comes 
a considerable quantity ot English manufactures, and Some prize 
goods viz. claret, brandy &ct, taken from the French and Spaniards. 

" We have also commerce with Boston, Rhode Island, Pennsylvania, 
New York and Virginia; to which place, we export Indian slaves, light 
deerskins dressed, some tanned leather, pitch, tar, and a small quantity 
of rice. From thence we receive beer, cider, flour, dry codfish and 
mackerel; and from Virginia some European commodities. 

" Further we have a trade to the Madeiras (from whence we receive 
most of our wines) also to St Thomas and Cura^oa, to which places we 
send the same commodities as to the other islands, excepting pitch, 
tar, and rice, lately prohibited, which prohibition is very disadvan- 
tageous to the trade in these parts. 

"The trade of this province is certainly increased of late years, 
there being a greater consumption yearly of most commodities im- 
ported. And the inhabitants, by a yearly addition of slaves are made 
the more capable of improving the produce of the colony. Notwith- 
standing it is our opinion, that the value of our import is greater (if 
we include our negroes) than our export, by which means it comes to 
pass that we are very near drained of all our silver and gold coin ; 
nor is there any remedy to prevent this, but by a number of honest 
laborious persons to come among us, that would consume but little, 
by which means the produce of the country being increased might in 
time make our exportation equalize if not exceed our importation. 

" That which has been a considerable though unavoidable hindrance 
to the greater increase of our trade, is the great duty on goods, both 
imported, and exported, occasioned by the debts, the country is in- 
volved in, by the late expedition, in the time of Governor Moore 
against St Augustine, and the charge in fortifying Charles Town this 
time of war and danger; to which may very justly be added the late 
prohibition of pitch, tar, and rice. 

" There are not above ten or twelve sail of ships belonging to this 
province, about half of which number were built here, besides a ship 
and sloop now on the stocks ; neither are there above twenty seafar- 
ing men who may be properly accounted settlers or livers in the 

" There are not as yet any manufactures settled in the province, 
saving some particular planters, who for their own use, make a few 
stuffs of silk and cotton, and a sort of cloth of cotton and wool of 
their own growth to clothe their slaves. 


<* All possible precautions are taken by this government to prevent 
illegal trade, the acts of trade, and navigation being strictly enforced 
on all occasions. 

''And now having answered the several queries stated to ua by 
your lordships, in the best manner we are at present capable of, we 
humbly crave leave to superadd an account of the Indians our allies, 
our trade and commerce, with one another and their consumption 
of our goods, together with the present circumstances of Charles Town, 
and our new triangular fort and platform at Windmill Point, with an 
account of what provisions we want, to make them complete fortifica- 

''The Indians under the protection of his [her?] majestys govern- 
ment are numerous, and may be of great use in time of invasion. 
The nations we have trade with are as follows. The Tamassees, 
situated about 80 to 100 miles south from Charles Town ; they con- 
sist of about 500 men able to bear arms ; they are become great 
warriors, and are continually annoying the Spaniards, and the Indians 
their allies. 

"To the Southward of the Yamassees are a small nation called 
Paleachuckles, in numl>er about 80 men. They are settled in a town 
about 20 miles up the Savannah River, and are very serviceable in 
furnishing with provisions the Englishmen who go up that river in 
periaiigers with a supply of goods for the Indians, and bring skins 
for them. 

" About 150 miles southwest from Charles Town, is settled, on the 
aforesaid river a nation of Indians called the Savannahs. They are 
seated in three towns and consist of about 1.50 men. A few miles dis- 
tant on the said River is a considerable town of Indians that deserted 
the Spatiiards, and came with our forces from them about five years 
past. They are known by the name of Apalachys, and are about 250 
men, and behave themselves very submissive to this government. 
These people are situated very advantageous for trade. Indians 
seated upwards of 700 miles off are supplied with goods by our white 
men, who transport them from this river upon Indians backs. 

"About 150 miles westward are settled on Ochasee River eleven 
towns of Indians, consisting of 600 men, among whom are several 
families of the aforesaid Apalachys. These people are great warriors 
and hunters, and consume great quantities of English goods. 

" About 150 miles west from these people on the Chocta-Kuchy 
River there is a town of Indians settled for carrying on trade who are 
very serviceable on that account. These people are seated about 


midway between Ochasee River and the settlements of the Tallft- 
bousies and the Attalbanees. They have many towns and consist of at 
least 1300 men, ai*e great warriors, and trade with this government for 
great quantities of goods. 

<* About 200 miles from the Tallabousies and the Attalbanees west- 
ward, lie the nations of Indians called the Chickysaws, who are at 
least in number 600 men. These Indians are stout and warlike. They 
are divided part in the English interest and part in the French. 
There is a factory settled by those French about four days journey 
down that river whereon the Tallabousies and Attalbanees live. 

" We have but few skins or furs from the Chickysaws, they living 
BO distant it will hardly answer the carriage. Slaves is what we have 
in exchange for our goods, which these people take from several 
nations of Indians that live beyond them. 

**The Cherokee Indians live about 250 miles northwest from our 
settlements, on a ridge of mountains; they are a numerous people, but 
very lazy ; they are settled in 60 towns and are at least 500 men. The 
trade we have with them is inconsiderable, they being but ordinary 
hunters and less warriore. 

" There are several nations of Indians that inhabit to the northward 
of us ; our trade as yet with them is not nmch, but we are in hopes to 
improve it very shortly. 

" From the aforesaid several nations of Indians are brought and 
shipped for England, one year with another, at least 50,000 skins; 
to purchase which requires at least £2.500 or £JK)00 — first cost of goods 
in England. The goods proper for a trade with the Indians are 
English cottons, broadcloth of several colors, duffels blue and red, 
beads of several sorts and sizes, axes, hoes, falchions, small fusee guns, 
powder, bullets, and small shot. 

" St. Augustine, a Spanish garrison being planted to the Southward 
of us about 100 leagues makes Carolina a frontier to all the English 
settlements on the main," etc. 

Two years subsequent to this report, i.e. 1710, the whites 
in the colony were computed to be 12 of the whole inhabi- 
tants ; Indian subjects, 66 ; and negro slaves, 22. Of the 
whites again, the planters were 70; merchants, about 13; 
and artisans, 17. With regard to religion, the Episcopal 
party were 42; the Presbyterians, including the French 



who retained their own discipline, 45; the Anabaptists, 
10 ; and the Quakers, 3. 

The prices of daily labor in currency of the colony 
were, — for a tailor, bs, ; a bricklaj^er, 6$. ; a cooper, 4«. ; 
carpenters and joiners from 8$. to 58. ; a laborer, 1«. Sd. to 
28, with food and lodgings. Overseers of planters received 
from X15 to £40 per annum, and persons engaged to trade 
with Indians from £20 to XlOO per annum. ^ 

Taxes were raised for extraordinary purposes from real 
iand personal estate, and generally from imports of wines, 
liquors, sugar, molasses, flour, biscuits, negro slaves, etc. ; 
dry goods imported paid 3 per cent, and deerskins exported 
.3tf?. per skin. The duties amounted to about X4500 per 
annum, which was then £1000 more than the annual ex- 
penses of the government. 

The expenses consisted of £1000 for ten Church of 
England ministers; the same for finishing and repairing 
fortifications; £600 for officers and soldiers in gjirrison; 
,£300 for military stores; £250 for the Governor; and 
£400 for incidental charges. The overplus was intended 
for sinking bills of credit. These estimates were in cur- 
rency, and so must be reduced by one-third in estimating 
their value in good money ; and this, calculated upon the 
present currency, will make the items, probably, nearly as 
•follows: the church, from -$13,000 to $16,000; fortifica- 
tions the same ; officere and soldiers from 'f 4000 to $5000 ; 
Governors from Jj^2500 to $3000 ; military stores, $2000 to 
$2500 ; and incidental charges from $5000 to $6000. 

The bills just mentioned were first issued for £6000 to 
pay the expenses of the expedition to St. Augustine in 
1708, and bore twelve per cent interest. To offer them in 
payment was a legal tender, and if refused, the creditor lost 
his chiim for the debt. But such refusal never occurred, 

1 CarrolPs Coll., vol. II, 260 ; Hist. Sketches (Rivers), 239. 


for the paper was hoarded for the sake of the interest. 
An addition of several thousand pounds was stamped, 
and the "old currency" exchanged for the new, which 
was without interest, for the purpose of drawing the bills 
more into circulation, and to save the ti'easury from ac- 
cumulating demands. Notwithstanding the change, the 
bills remained at par until the subsequent issue of very 
large amounts caused their depreciation.^ There was lit- 
tle coin in circulation ; and of the little, various values in 
colonial paper currency were attached to German, Peru- 
vian, Mexican, French, and Spanish pieces of gold and 
silver. To prevent the confusion arising from the dif- 
ferent rates at which these pieces passed in the differ- 
ent colonies, a uniform value was affixed to them, by a 
proclamation from the mother country, in the sixth year 
of Queen Anne's reign, — 1707. Hence the denomina- 
tion of " proclamation money," the standard of which was 
£133 6«. 6d. paper currency for £100 sterling.^ 

The commerce between South Carolina and England 
employed, on an average, twenty-two vessels in 1710. The 
manufactures and slaves imported were only in pai*t paid 
for by returns of colonial produce. The balance was re- 
quired by the merchants in spices and exchange sold in 
Charles Town at fifty per cent premium, and year after 
year still higher. But the Carolinians held a monopoly of 
rice, which was soon raised to four times its former price, 
and other produce in proportion as the currency depre- 

1 In Governor Glen's Description of So. Ca.y he states that in 1710 
there was not much English money among the colonists, but that what 
they had passed at fifty per cent advance, the rate of exchange between 
South Carolina and England being .€150 currency per £100 sterling. 

2 The difference nmst be borne in mind between proclamation money 
and currency. The fonner was in foreign coins, the value of which was 
fixed by act of Queen Anne, 1708. The latter was the paper money of 
the province. See Statutes^ vol. II, 708, 709. 


ciated. The merchants of London began now to become 
a new and important power near the throne, ever watchful 
of the embarrassments of Carolina and prompt to com- 
plain of the maladministration of the Lords Proprietors, 

The plantei-s sowed rice in furrows eighteen inches 
apart, about a peck to an acre, with a yield of thirty to 
sixty bushels. It was cleaned by mills turned by horses 
or oxen. The lands, after a few years' culture, lay fallow 
and were esteemed excellent pastures. The usual yield of 
corn to an acre was from eighteen to thirty bushels, with 
six bushels of Indian peas sown among it. Besides the 
great herds of cattle owned, as we have seen, by the 
planters, swine were raised in great numbers. Orchards 
of peaches and various fruits, forests of acorns, and mild 
wintei-s rendered Carolina more abundant in stock than 
any other English colony. 

The experience of forty years among an energetic peo- 
ple, observes Rivers, from whom these statistics have been 
taken, had drawn from forest, field, and stream the same 
means of sul>sistencc which we now enjoy. All the arts 
of pea(*e were introduced, and education and religion had 
become mattera of public concern. But wars and pesti- 
lence, tempests and inundations, had not spared them ; and 
the noise of political strife, which disturbed the slumbers 
of their childhood, had now attuned it«elf to sounds not 
unpleasant to their ears.^ 

Colonel Edward Tynte was commissioned Governor of 
North and South Carolina on December 9, 1708, but it was 
more than a year after that he came out and entered upon 
his duties. By his commission, he was authorized to ap- 
point a Deputy Governor or Governors in South or North 

1 IliM. Sketches of So. On.. 230-242 ; and see Hewatt's Hist, of So. Ca., 
vol. r, loo-loO; Uanisay's Jfist. of So. CVi., vol. II, 160; StatuUa of So. 
Ca.f vol. II, notes, 708-713. 


Carolina. He was authorized, also, to sell lands in fee in 
either colony at the rate of £20 for every 1000 acres, with 
a yearly quit-rent of 10«. 

By his instructions, his attention was particularly called 
to the navigation acts, which he was required strictly to 
enforce. He was to take care that none but natives of 
the United Kingdom, or born in her Majesty's plantations, 
should sit upon juries in cases relating to the Queen's 
duties or forfeitures of goods by illegal importations. He 
should give notice to her Majesty's government of any 
attempted disposition of right of property to any other 
than her Majesty's natural-born subjects ; to take care that 
all places of trusts in courts of law or coimected with the 
treasury should be in the hands of her Majesty's natural- 
born subjects. These instructions seem aimed at the ex- 
clusion of the Huguenots from these positions and from 
rights of property without the Royal consent. 

By additional instructions, his attention was called to a 
modification of the navigation acts by which, dui-ing the 
war, the number and proportion of English marines in 
each ship or vessel was reduced from three-fourths to one- 

By still further instructions he was required to trans- 
mit to the Proprietors for their approval all laws passed. 
He was given power, with the consent of four or more 
deputies, to adjourn or dissolve the General Assembly 
when he might see fit ; to fill vacancies in offices caused 
by death or removal. Abel Ketelby had purchased 5000 
acres, which was to be admeasured to him. In the 
event of the death of the Governor or his departure, the 
deputies were to choose one out of their number to be 
Governor until another should be appointed by the Pro- 
prietors. He was to take great care that the Indians 
should not be abused, that justice should be duly admin- 


istered to them in the courts ; and he was to exert himself 
to the utmost to create a firm friendship, and to bring 
them over for the better protection and defence against 
the enemy and neighboring French and Spaniards. He 
was to inform himself of what acts were proper to be 
passed likely to be beneficial to trade. He was to repre- 
sent the state of the whale fishing and what further 
encouragement was proper to be given to it. No land 
exceeding 640 acres was to be sold without a special 
warrant. The purchase money and quit-rents of all 
lands thereafter sold in South Carolina was to be of 
the value of English sterling money, and to be made 
payable at Charles Town; lands sold in North Carolina 
to be of the same value, and made payable at Chowan 
or Bath Town.^ 

The publications of Oldmixon and Archdale about this 
time drew attention in England to the fortunes of the 
Carolinians and other colonists in America. Lord Craven, 
by nature more moderate than the late Palatine, anxious 
to avail himself of this interest in his colony, charged upon 
the new (iovernor as his first duty the pacification of the 
people. When after a long delay Colonel Tynte had 
been approved by the Royal Government, and was ready 
to enter upon his duties, February, 1710, Lord Craven 
thus addressed him : " We earnestly request your en- 
deavors to reconcile the minds of the inhabitants to each 
other, that the names of parties, if any yet remain amongst 
you, may be utterly extinguished. For we can no ways 
doubt but their prosperity will most effectually render 
Carolina the most flourishing colony in all America." ^ 

No remarkable events occurred during Governor Tynte's 

1 Coll. Hist. Soc. of So. Ca., vol. 1, 154 ; Colonial Records of No. Ca., 
vol. I, 704-700. 

2 Hist. Sketches of So. Ca. (Rivers), 248. 


shoi*t term of oflBce. He died the summer after his arrival. 
A General Assembly was held in April, 1710, and several 
acts were passed and approved by him. One of these was 
an act for regulating taverns and punch houses ; ^ another, 
an additional act in relation to the establishment of the 
church.2 By this latter act the ari^ears of the parochial 
charges of St. Philip's, Charles Town, and other parishes 
were directed to be paid out of the public treasury ; and, 
said the act, "the present rector of St. Philip's, Charles 
Town, the Rev. Mr. Gideon Johnson, having a numerous 
family, shall have fifty pounds per annum added to his 
salary for so long a time as he continues minister of the 
said parish," etc. The sums of money appropriated by 
the act were to be paid out of the money received for the 
duties on skins and furs. The most important of the 
acts of his brief administration, and one which renders 
that administration illustrious, however brief its dura- 
tion, was "-4n act for tlie Founding and Erecting a Free 
Bchoolfor the use of the Inhabitants of South CaroUnay^ 

The recital of this act is interesting as showing that 
even before this time, notwitlistanding the political tur- 
moils and commotions which had distracted the province, 
the erection of a free school had been proposed, and some 
steps taken towards its establishment. It is as follows: — 

'* Whereas it is necessary that a Free School be erected for the in- 
struction of the youth of this Province in grammar and other arts and 
sciences and useful learning, and also in the principles of the christian 
religion ; and whereas several charitable and well disposed christians 
by their last wills and testaments have given several sums of money 
for the founding of a freeschool but no person as yet is authorized to 
take the charge and care of erecting a freeschool according to the in- 

^ Statutes of So. Ca.y vol. II, 336. The date of this act is given in the 
statute as of 14th of January, 1709. But this is a manifest mistake. 
Governor Tynte did not come out till some time after. 

2/6id., 338. 8/6id., 342. 


tent of the donors, and to receive the said legacies, if tendered, nor 
to demand the same in case of refusal to pay the same, so that for 
want of some person or persons or body politick or corporate proper 
for the lodging the said legacies therein the same are not applied 
according to the pious and charitable intention of the testators or 
donors. Be it therefore enacted," etc. 

The commissioners appointed under this act were the 
Hon. Colonel Edward Tynte, Esq., Governor, Colonel 
Thomas Broughton, Elsq., Landgrave Joseph Morton, Mr. 
William Gibbon, Colonel George Logan, Richard Berres- 
ford, Esq., Arthur Middleton, Esq., Captain John Abraham 
Motte, Colonel Hugh Grange, Ralph Izard, Esq., Lieu- 
tenant Colonel Alexander Parris, Esq., Lewis Pasquereau, 
Dr. Gideon Johnson, Dr. Francis Le Jau, Mr. Alexander 
Wood, and Nicholas Trott, Esq. These commissioners, 
comprising the leading men of all parties in the province, 
churchmen, dissenters, and Huguenots, were incorporated 
for the better support and maintenance of masters or 
teachers for the school, and for the erecting of schoolhouses 
and convenient houses for the accommodation of the 
masters and teachers. They were to meet annually on 
the second Tuesday in July to choose officera. Colonel 
Edward Tynte, Governor, was made the first President 
and required to summon the first meeting. All gifts 
or legacies formerly given for the use of a free school 
for the province were appropriated by the act for the 
school to be founded under it. The commissioners were 
authorized to take up by grant from the Proprietors 
or purchase as much land as they should think neces- 
sary. They were given power to appoint a fit person to 
be master of the school by the name and stile of Prje- 
ceptor and Teacher of Gmmmar and other arts and 
sciences. The pereon to be master of the school was 
required to be of the religion of the Church of England, 


and conform to the same, and should be capable to teach 
the learned languages, that is to say, the Latin and Greek 
tongues and also the useful parts of mathematics. The 
commissioners were to prescribe such orders, rules, stat- 
utes, and ordinances for the order, rule, and good govern- 
ment of the school and of the masters and teachers as 
should seem meet and convenient to them. 

The other acts passed at this time were measures of or- 
dinary administration. 

Governor Tynte died soon after, and by the instructions 
which he had brought it had been provided, as we have 
just seen, that in such an event the deputies of the Proprie- 
tors were to choose one of their number to be Governor 
until another should be appointed by the Proprietors. It 
happened that at this time there were but three deputies 
in the province ; to wit, Kobert Gibbes, Colonel Thomas 
Broughton, and one Fortescue Turbeville. The last- 
named person had just come out as the deputy of the 
Duke of Beaufort,^ and had been commissioned also to 
take probate of wills, and to grant letters of adminis- 
tration.2 Upon the meeting of these for the purpose of 
choosing a Governor, there had been a recess taken 
from the morning until the afternoon, when it was de- 
clared that Robert Gibbes was chosen and was proclaimed 
Governor. Strangely, it happened that Turbeville also 
died suddenly, and upon his death it was discovered that 
at the morning session Turbeville had voted for Colonel 
Broughton, but during the recess had been induced by 
bribery to change his vote to Gibbes. Upon this Brough- 
ton claimed the government, alleging Turbeville's pri- 
mary and uncorrupted vote in his favor. To this 
Gibbes would not yield. Each persisted in his claim, and 
thereupon ensued a most discreditable controversy, ending 

1 Coll. Hist. Soc. of So. Ca., vol. I, 166. 2 ji,ia,^ 173. 


in riot. Many of the people sided with Broughton, but 
more with Gibbes. Broughton collected a number of 
armed men at his plantation and proceeded to the town. 
Gibbes, learning of this, caused a general alarm to be made 
and the militia to be called out. At the approach of 
Broughton's party to the gates of the town Gibbes ordered 
the drawbridge standing near the int